FINAL 2024 0528 Council Agenda PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, May 28, 2024
Moses Lake Civic Center – 401 S. Balsam or remote access*
Joint Meeting with Planning Commission
5:30 p.m. – Development Code Update
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentatiion
-Asian American and Pacific Islander Heritage Month Proclamation
-Wastewater System Plan – Stillman Norton, PE with Keller & Associates, Inc.
Citizen’s Communications **
Summary Reports:
Mayor’s Report
-Memorial Day Proclamation
Additional Business
City Manager’s Report
-Columbia Basin Rail Line Rehabilitation Project Letter of Support – pg 3
COML Council Packet 5-28-24, Page 1 of 166
May 28, 2024, City Council Meeting Page 2
#1 Consent Agenda pg 4 Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Council Member requests specific items to be removed from
the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the consent
agenda.
a.Claims and Payroll
b.Tyler Technology Software Agreement
c.Accept Northshore Lift Station Project (GC2021-035)
d.Accept Improvements on Laguna Park Short Plat Resolution 3981
Old Business - None scheduled
New Business
#2
Motion
pg 164
2024 Fee Schedule Amendment Resolution 3982
Presented by Madeline Prentice, Finance Director
Summary: Council to review and consider adoption
Administrative Reports
- Cape at Interlake Update
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for June 11, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
* Remote Options:
#1 MS Teams App or Online Join the meeting now Meeting ID: 238 668 369 306 Passcode: Eeevxy Or #2 MS Teams by phone (audio only) +1 509-707-9401,,777334430# United States, Spokane Find a local number Phone conference ID: 777 334 430# Or #3 for Regular Meeting at 6:30 - Youtube Live https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment or Public Hearing Comments form needs to be turned in prior to start of each
meeting. The 5-minute time per speaker may be reduced to allow a maximum period of 30-minutes for
citizens who have signed up to speak. Click this link for remote speaker request forms which must be
completed by 3 p.m. on the day of the meeting. To be heard remotely during the live meeting – select the
Teams option 1 above.
COML Council Packet 5-28-24, Page 2 of 166
COML Council Packet 5-28-24, Page 3 of 166
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Kevin Fuhr, City Manager 17897
Madeline Prentice, Director Finance
5/28/2024 Consent Agenda
Disbursement Report since May 14, 2024
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
2,119,214.98$2,119,214.98$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: #375 - $60.00
Checks: 165428 - 165608 - $1,469,953.07
Payroll Checks: 05-10-2024 PR, #66116 - 66155 - $8,997.34
Electronic Payments: 05-10-2024 Direct Deposit: - $640,204.57
Vouchers - 05.28.2024.pdf 124.46KB
COML Council Packet 5-28-24, Page 4 of 166
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a
monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the above
format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have been
furnished, the services rendered, or the labor performed as described, and that the claims are just, due and
unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met.
The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted
to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body
had adopted policies that implement effective internal control; (3) the legislative body has provided for review of
the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they
shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council
approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments
during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and
any questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
COML Council Packet 5-28-24, Page 5 of 166
TOTALS BY FUND:
FUND NO FUND NAME
Est. Fund Bal.
5/15/24 AMOUNT
Est. Fund Bal.
5/28/24
001 GENERAL FUND 12,879,857 291,680.16 12,588,177
102 TOURISM 1,777,252 - 1,777,252
103 GRANTS AND DONATIONS 1,097,884 514.13 1,097,370
105 ARPA 3,381,602 - 3,381,602
110 HOMELESS SERVICES 508,489 269,719.02 238,770
111 OPIOID ABATEMENT 147,780 - 147,780
112 PUBLIC ARTS FUND 49,824 - 49,824
114 PATHS/TRAILS 93,523 - 93,523
116 STREET 732,063 54,325.75 677,737
119 STREET REPR/RECON 4,351,810 7,757.24 4,344,053
170 TRANSPORTATION BENEFIT DISTRICT 1,376,699 - 1,376,699
282 LOCAL BORROWING 984,872 - 984,872
286 REFUNDING GO BONDS 2015 184,667 - 184,667
314 PARK & RECREATION IMPROVEMENTS 670,877 15,540.12 655,337
315 PARK MITIGATION CAPITAL PROJECTS 330 - 330
316 COMMUNITY SERVICES CENTER - - -
320 FIRE MITIGATION FUND 779,445 - 779,445
322 WATER REMIDIATION 1,680,381 1,499.00 1,678,882
410 WATER/WASTEWATER 8,059,754 53,544.26 8,006,210
450 2011 BOND FUND 10,304 - 10,304
451 2011 BOND FUND - RESERVE 538,350 - 538,350
452 2004 BOND FUND 5,792 - 5,792
453 2004 BOND FUND - RESERVE 701,500 - 701,500
471 WATER RIGHTS 1,578,642 - 1,578,642
477 WATER SEWER CONSTRUCTION 4,539,453 2,615.01 4,536,838
485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196
487 2015 GO BONDS REDEMPTION 9,471 - 9,471
490 SANITATION 2,660,011 460,908.39 2,199,102
493 STORM WATER 874,025 654.78 873,370
495 AIRPORT 80,295 102.15 80,193
498 AMBULANCE 604,364 20,514.94 583,849
501 UNEMPLOYMENT COMPENSATION INSURANCE 128,904 - 128,904
503 SELF-INSURANCE 281,165 - 281,165
517 CENTRAL SERVICES 727,856 142,641.62 585,214
519 EQUIPMENT RENTAL 2,087,058 112,359.69 1,974,698
528 BUILDING MAINTENANCE 1,924,441 35,534.06 1,888,907
611 FIRE PENSION 421,998 - 421,998
623 DEPOSIT 411,159 - 411,159
631 STATE 14,624 102.75 14,521
TOTAL 56,376,715$ 1,470,013.07$ 54,906,702$
City of Moses Lake
Tabulation of Claims Paid-Summary by Fund
Council Meeting Date- 05/28/2024
COML Council Packet 5-28-24, Page 6 of 166
Check Name Check Amount Check Date Invoice Description
375 Dept Of Licensing 60.00 05/07/2024 Seasonal Driving Records
165428 BCV Inc 8,288.20 05/09/2024 Retainage Release '21 Crack Seal
165429 City of Moses Lake 2,615.01 05/09/2024 Permits- Well 17 Clay Remediation
165430 Don Terrell 250.00 05/09/2024 Boot Reimbursement
165431 Gary Vela 150.00 05/09/2024 CDL Physical Reimbursement
165432 Hector Barajas 250.00 05/09/2024 Boot Reimbursement
165433 Joey Barkle 241.10 05/09/2024 Boot Reimbursement
165434 Joshua Gilmartin 150.00 05/09/2024 Boot Reimbursement
165435 Lakeside Disposal, Inc 325,974.87 05/09/2024 April Contract Payment 2024
165436 Eric Johnson 130.19 05/09/2024 Boot Reimbursement
165437 A-L Compressed Gases Inc 41.90 05/10/2024 CO2 Syphon Tube
165438 Abc Hydraulics 4.97 05/10/2024 O-Rings
165439 Ag Supply Ace Hardware 169.53 05/10/2024 Supplies
165440 Amazon Capital Services, Inc.4,465.05 05/10/2024 Apr '24 Department Statements
165441 Angela Hunt 38.50 05/10/2024 Museum Consignment
165442 AT&T Mobility II, LLC 466.03 05/10/2024 First Responder Lines
165443 Badger Meters Inc 5,905.87 05/10/2024 Meter Parts
165444 Basin Propane LLC 38.74 05/10/2024 Propane
165445 Benjamin Schober 60.90 05/10/2024 Museum Consignment
165446 Bethany White 35.00 05/10/2024 Museum Consignment
165447 Bud Clary Ford LLC 32,497.24 05/10/2024 2024 Ford Maverick Eq # 105
165448 Central Manufacturing Inc 1,191.54 05/10/2024 Asphalt Patches
165449 Centurylink 55.45 05/10/2024 Telephone Services
165450 Columbia Basin Herald 815.56 05/10/2024 Jenisis Subdivision Ad
165451 Columbia Basin Water Works Inc 7,207.65 05/10/2024 Large Meter Testing 2023-2026
165452 Consolidated Disposal Service 68,070.59 05/10/2024 Transfer Stations/Disposal Loads
165453 Copiers Northwest Inc 1,397.59 05/10/2024 Equipment Contract Fees
165454 Corporate Translation Services, LLC 6.10 05/10/2024 Translation Services
165455 Databar Inc 1,990.26 05/10/2024 Utility Billing Invoices
165456 Deborah Goodrich Chittenden 60.90 05/10/2024 Museum Consignment
165457 Desert Graphics Inc 27.94 05/10/2024 Plaque
165458 Dylan Co, LLC 26,378.30 05/10/2024 Sand Dunes Fire Pump Repairs 2023
165459 Employment Security Department 5.50 05/10/2024 Investigations Costs
165460 EMS Technology Solutions, LLC 553.35 05/10/2024 Office Supplies, RFID Tags
165461 Faber Industrial Supply 609.02 05/10/2024 Supplies/Tools
165462 Farallon Inc 1,499.00 05/10/2024 Water Remediation Pro Services
165463 Fishingmagician.com 1,500.00 05/10/2024 LTAC Advertising
165464 Grainger Parts Operations 33.46 05/10/2024 Closet Door Roller
165465 Grant Co Solid Waste 66,862.93 05/10/2024 Landfill Dumping Fees
165466 H D Fowler Company 2,816.04 05/10/2024 Misc. Irrigation Parts
165467 Home Depot Credit Services 727.34 05/10/2024 March Statement 2024
165468 IAFF Local 1258 6,670.00 05/10/2024 Fire Union Dues
165469 Irrigators Inc 55.58 05/10/2024 PVC Caps
165470 Jerrys Auto Supply 184.38 05/10/2024 Rotors/Pads
165471 Kassandra Wiggum 38.50 05/10/2024 Museum Consignment
City of Moses Lake
Checks Issued with Summary Description
For May 28th, 2024 Council Meeting
COML Council Packet 5-28-24, Page 7 of 166
Check Name Check Amount Check Date Invoice Description
165472 Katherine Kenison, PS 20,240.00 05/10/2024 City Atty Services
165473 Kelley Create 1,964.48 05/10/2024 Equipment Contract Fees
165474 Kris Chudomelka 81.90 05/10/2024 Museum Consignment
165475 L N Curtis & Sons 666.88 05/10/2024 SCBA Repair Pieces
165476 Lad Irrigation Company Inc 1,042.55 05/10/2024 Irrigation Supplies
165477 Lance, Soll & Lunghard, LLP 18,065.00 05/10/2024 Finance Pro Services
165478 Lee Ann St Clair 35.00 05/10/2024 Museum Consignment
165479 Martin Schempp 142.10 05/10/2024 Museum Consignment
165480 McKesson Medical-Surgical 735.63 05/10/2024 Airflow 24 Compressor
165481 Moon Security Services Inc 250.03 05/10/2024 Security Services
165482 Moses Lake Steel Supply 1,661.51 05/10/2024 Power Stud Wedge Anchor
165483 National Safety, Inc 2,862.41 05/10/2024 Safety Gear
165484 Norco Enterprises Inc 34.36 05/10/2024 SNS Ops Supplies - Gloves
165485 North 40 Outfitters 234.29 05/10/2024 Supplies/Tools
165486 North Coast Electric Company 173.97 05/10/2024 Breaker
165487 Northstar Chemical Inc 4,805.00 05/10/2024 Sodium Hypochlorite Well # 14
165488 NYS Child Support Prosessing Center 184.61 05/10/2024 Gilmartin Child Support
165489 Oreilly Auto Parts 180.10 05/10/2024 Radiator
165490 Original Watermen Inc 3,124.30 05/10/2024 SNS Supplies
165491 Oxarc Inc 35.35 05/10/2024 Nitrogen
165492 Pacific Publishing Co. Inc.1,134.80 05/10/2024 LTAC Advertisement
165493 Paramount Supply Company 389.10 05/10/2024 Long Liner Hose
165494 Pasco Tire Factory, INC 153.53 05/10/2024 Turf Saver Tires
165495 Protect Youth Sports 2,331.60 05/10/2024 Background Checks
165496 Pud Of Grant County 3,202.61 05/10/2024 Electric Services
165497 Qcl Inc 496.00 05/10/2024 Random Drug Testing
165498 Quill Corporation 136.19 05/10/2024 Office Supplies
165499 Rhonda Kay Kitchens 154.00 05/10/2024 Museum Consignment
165500 Richland Research Corporation 579.37 05/10/2024 Free-Flow Blocks
165501 Rolluda Architects, Inc.50,094.45 05/10/2024 Moses Lake Police Building Design
165502 Sebastian Moraga 44.70 05/10/2024 Parks Open House Flyer Translation
165503 Sharon R Morley 29.40 05/10/2024 Museum Consignment
165504 Sherwin-Williams 297.60 05/10/2024 Paint & Supplies
165505 SHI International, Inc 134,722.60 05/10/2024 Microsoft License Renewals
165506 Shirtbuilders Inc 584.67 05/10/2024 Recreation Sports Shirts
165507 Smarsh Inc 408.23 05/10/2024 Professional Archive
165508 SoftResources, LLC 1,600.00 05/10/2024 Cityworks PLL Assessment
165509 Systems Design West, LLC 6,685.86 05/10/2024 EMS Billing- March
165510 Teleflex LLC 1,115.50 05/10/2024 Medical Supplies
165511 The Lifeguard Store 1,525.04 05/10/2024 SNS Resale
165512 Titan Machinery, Inc.36.78 05/10/2024 Pitchers
165513 Titan Truck Equipment 150.52 05/10/2024 Torsion Spring Kit
165514 Traffic Safety Supply Company 6,320.13 05/10/2024 Traffic Cones
165515 Uline 1,500.40 05/10/2024 Desk
165516 Ups Freight 79.47 05/10/2024 Shipping & Service Fees
165517 US Fire Equipment, LLC 4,485.13 05/10/2024 Pump Test
165518 Wash Council Police & Sheriffs 450.00 05/10/2024 WCPS Dues
165519 Water Gear Inc 3,134.42 05/10/2024 SNS Resale
165520 Weinstein Beverage Company 886.31 05/10/2024 Park Run Supplies
COML Council Packet 5-28-24, Page 8 of 166
Check Name Check Amount Check Date Invoice Description
165521 WSCCCE, AFSCME, AFL-CIO 2,528.16 05/10/2024 AFSCME Dues April
165522 Zebec of North America, Inc 3,170.51 05/10/2024 SNS Supplies
165523 Martin Schempp 37.50 05/16/2024 Biface Wholesale
165524 A & H Printers Inc 984.11 05/16/2024 Business Cards
165525 AAA Readymix Inc 842.24 05/16/2024 Shave Ice Slab
165526 Abadan Tri Cities 1,852.92 05/16/2024 Equipment Contract Fees
165527 Abc Hydraulics 175.65 05/16/2024 Air Line Fittings
165528 Ag Supply Ace Hardware 128.47 05/16/2024 Pool Maintenance Supplies
165529 Agri-Service LLC 272.73 05/16/2024 Air Filter
165530 Amazon Capital Services, Inc.3,961.69 05/16/2024 Amazon Supplies April 2024
165531 Anatek Labs, Inc.390.00 05/16/2024 Sample Testing
165532 AT&T Mobility II, LLC 3,773.01 05/16/2024 Apr24 First Responder Lines
165533 Axon Enterprise Inc 24,433.47 05/16/2024 Annual Licenses
165534 Badger Meters Inc 2,631.28 05/16/2024 April 2024 Meter Read Services
165535 Basin Propane LLC 10.48 05/16/2024 Propane
165536 Battery Systems Inc 289.76 05/16/2024 65-75 Battery
165537 Bound Tree Medical LLC 251.49 05/16/2024 Medical Supplies
165538 Bud Clary Ford LLC 65,103.15 05/16/2024 Shield/Vehicle Purchase
165539 Cellebrite, Inc 4,943.14 05/16/2024 Cellebrite Subscription
165540 Central Machinery Sales Inc 195.30 05/16/2024 Shave Ice Slab Equipment Rental
165541 City Of Spokane 120.36 05/16/2024 Evidence Burn Run
165542 Cobies Fine Dry Cleaning 168.98 05/16/2024 Apr24 Dry Cleaning
165543 Columbia Basin Herald 64.00 05/16/2024 Apr24 Advertising
165544 Commercial Tire Inc 2,847.39 05/16/2024 225/70R19.5 Tires/Services
165545 Confluence Health 124.00 05/16/2024 Immunizations- Guzman
165546 Copiers Northwest Inc 486.86 05/16/2024 Equipment Contract Fees
165547 Dobbs Peterbilt- Moses Lake 2,097.60 05/16/2024 Dryer/Vehicle Parts
165548 EMS Connect, LLC 395.00 05/16/2024 EMS Subscription
165549 Faber Industrial Supply 104.15 05/16/2024 Blue Marking Paint
165550 Fastenal Company 207.50 05/16/2024 SNS Supplies
165551 Galls LLC 2,013.03 05/16/2024 Uniform
165552 Grainger Parts Operations 257.96 05/16/2024 Door Closer
165553 HID Global Corporation 1,142.51 05/16/2024 Fingerprint Machine Maintenance
165554 Home Depot Credit Services 267.15 05/16/2024 April Statement 2024
165555 Ims Alliance 251.18 05/16/2024 Operating Supplies
165556 Instrument Techonology Corp 112.65 05/16/2024 Locator Clamps
165557 Intoximeters Inc 189.88 05/16/2024 Supplies
165558 Jerrys Auto Supply 366.83 05/16/2024 Equipment Parts
165559 Jordan Gilmore Inc.8,703.00 05/16/2024 HR Software
165560 Kdrm/Kbsn 268.00 05/16/2024 Water Advertising
165561 Kelley Create 530.44 05/16/2024 Equipment Contract Fees
165562 Kustom Signals Inc 2,789.88 05/16/2024 Police Radars
165563 L N Curtis & Sons 1,325.69 05/16/2024 Repair and Maintenance
165564 Lakeside Disposal, Inc 25.67 05/16/2024 Professional Services
165565 Life -Assist, Inc.1,722.27 05/16/2024 Medical Supplies
165566 McKesson Medical-Surgical 115.96 05/16/2024 Medical Supplies
165567 Mde Inc 1,100.19 05/16/2024 Hosted Maint. Renewal
165568 Morrison Mobile Veterinary Services 514.13 05/16/2024 K9 Vet Visits
165569 Moses Lake Business Assn 50,000.00 05/16/2024 Main St. Tax Incentive 2024
COML Council Packet 5-28-24, Page 9 of 166
Check Name Check Amount Check Date Invoice Description
165570 Moses Lake Police Guild 2,340.00 05/16/2024 Guild Police Dues
165571 Moses Lake Steel Supply 743.29 05/16/2024 Screws/Parts
165572 National Safety, Inc 418.00 05/16/2024 Safety Gear
165573 Norco Enterprises Inc 1,638.74 05/16/2024 Medical Supplies
165574 North 40 Outfitters 63.95 05/16/2024 Oil
165575 North Central Laboratories 25.95 05/16/2024 QA/QC Standard
165576 Northland Cable Television, Inc 207.46 05/16/2024 Internet Backup March/April 2024
165577 Northwest Medical Group PLLC 145.00 05/16/2024 Professional Services
165578 Oasis Auto Spa 1,232.00 05/16/2024 April Car Washes
165579 Office of Financial Recovery 265.00 05/16/2024 Torrey Garnishment
165580 Oreilly Auto Parts 108.48 05/16/2024 Ball Mount/Hitch Ball
165581 Oxarc Inc 102.91 05/16/2024 Stargon #9
165582 Pallet PBC 269,385.04 05/16/2024 Pallet Shelters- 2nd Installment
165583 Paramount Supply Company 262.47 05/16/2024 Nozzles for Water/Anti-Icer Truck
165584 Pasco Tire Factory, INC 1,836.08 05/16/2024 Tires/Switch/Balance/Mount
165585 Pud Of Grant County 75,332.10 05/16/2024 Electric Services
165586 Robert W. Droll, Landscape Architect 31,080.25 05/16/2024 Sun Terrace Park - Master Plan
165587 Schindler Elevator Corp 401.45 05/16/2024 Elevator Maintenance
165588 Sherwin-Williams 188.18 05/16/2024 Paint
165589 SHI International, Inc 79.68 05/16/2024 Adobe Subscription
165590 Shirtbuilders Inc 5,420.41 05/16/2024 SNS Staff Shirts
165591 Skaug Brothers Glass 304.67 05/16/2024 Windshield
165592 State Auditors Office 17,592.82 05/16/2024 Audit Pro Services
165593 Systems Design West, LLC 5,079.57 05/16/2024 EMS Billing for April 2024
165594 Target Solutions Learning 99.99 05/16/2024 Computer Software Support
165595 Titan Machinery, Inc.117.67 05/16/2024 Misc. Parts
165596 Transunion Risk & Alternative 81.38 05/16/2024 April 24 Transunion
165597 Turf Star Western 762.60 05/16/2024 Manifold/Gaskets
165598 UPS Store 2469 42.06 05/16/2024 Postage
165599 Util Undrgrnd Location Center 191.40 05/16/2024 Underground Locates April 2024
165600 Valley Supply Co 77.25 05/16/2024 Steel Stakes
165601 Verizon Wireless 6,997.24 05/16/2024 Cell Phone Services
165602 Washington State Patrol 102.75 05/16/2024 Background Checks
165603 Weinstein Beverage Company 98.15 05/16/2024 Water
165604 WSCCCE, AFSCME, AFL-CIO 2,592.11 05/16/2024 May AFSCME Union Dues
165605 Caitlin Carter 95.00 05/20/2024 Specialist Interview Course
165606 Benjamin Schober 95.83 05/21/2024 Pre Flight Lodging- Early Flight
165607 Jovita Cantu 123.14 05/21/2024 Mileage-WA Permit Techs Travel
165608 Shannon Springer 157.72 05/21/2024 Meals/Mileage Reimbursement
1,470,013.07$
COML Council Packet 5-28-24, Page 10 of 166
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, City Manager 17878
Madeline Prentice, Director Finance
5/28/2024 Consent Agenda
ERP (Financial Management) system - Tyler Technology contract approval
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
164,024.00$164,024.00$0.00$
Authorize the City Manager to sign the attached 3-year contract with Tyler Technologies for annual Service as a
Software (SaaS) agreement and implementation of a new Enterprise Resource Planning (ERP) system.
Tyler Technologies Agreement SasS - final.docx 7.18MB
Tyler Module Description.docx 30.26KB
The City's current ERP system is substandard and has not performed to the City's needs or expectations, nor
can it be modified or customized to meet our needs now or in the future. The City released an RFP for a new
ERP system in late 2022 with responses due back to the City by early 2023. The City received five responses
to the RFP which were evaluated based on a number of factors with three being identified to provide
demonstrations of their software. Each of the vendors selected were invited to present 2-day onsite
demonstrations of their software's capabilities to staff from all departments of the City. Staff attending the
demonstrations were from Finance/Utility Billing, Human Resources, Public Works, and Parks and Recreation.
Following the demonstrations staff identified Tyler Technologies as the selected vendor to move forward with. In
the following weeks, staff conducted reference calls with various municipalities currently using Tyler software,
including one site visit to the City of Walla Walla to view their software and discuss recommendations, concerns
and other relevant information prior to beginning contract negotiations with Tyler.
After several iterations, the attached SaaS agreement was reached, and we are requesting authorization for the
City Manager to sign the agreement and begin the implementation of a new ERP system for the City. The
current scope of work includes implementation of several Tyler products as identified on the Sales Quote
attached to the Agreement and further defined on the Tyler Module Description attached. The Tyler
Technologies RFP submission and their 2021 annual report is also available should Council wish to review more
information about Tyler and the products being proposed.
COML Council Packet 5-28-24, Page 11 of 166
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The annual SaaS costs are $160,311/year for each of the first 3 years of the agreement. SaaS fees for two
subsequent annual renewals (years 4 and 5) would increase 3% annually. The first year SaaS fees are billed
quarterly at commencement of the initial term and subsequent years are invoiced annually on the anniversary
date. 2024 SaaS fees are $80,000. Total implementation costs for all in-scope modules are $528,293 and are
billed as implementation and professional services are provided. The initial projected timeline for
implementation of all in-scope modules is 22 - 24 months (Financials - 10 months; HR/Payroll - 9 months; Utility
Billing - 11 months). The Financials modules would be implemented first with HR/Payroll implementation
starting approximately 8 months after Financials are started and Utility Billing implementation starting 5 months
after HR/Payroll implementation has begun. 2024 implementation costs are estimated between $105,000 and
$179,000 for a total estimated 2024 cost of between $185,000 and $259,000. We budgeted $164,024 in 2024
for the ERP system implementation. If the total costs exceed budget, a budget amendment would be requested,
unless there are savings in other line items due to position vacancies in the department or other cost saving
measures are achieved.
Options and Results
Authorize the City Manager to execute the agreement as presented.
Staff will bring back options for recommended changes.
The SaaS agreement would not be executed, and staff would continue using the current system.
COML Council Packet 5-28-24, Page 12 of 166
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
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, including Exhibits and Schedules.
“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
“Client” means City of Moses Lake, Washington.
“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.
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“Invoicing and Payment Policy” means the mututally agreed upon Invoicing and Payment Policy
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” stands for software as a service, which means (i) software that is accessed by Client and
its users via the internet; and (ii) associated services as more fully described in this Agreement
and as SaaS Services.
“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 between Tyler and Client that provides specific
measurable aspects related to the SaaS Services and defines the service standards and
obligations and remedies for failure to meet those obligations of Tyler to Client. The 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 channels and methods 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” means an entity other than Tyler that provides hardware, software, products or
services to Client pursuant to this Agreement.
“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.
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SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with the
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). Prior to any increase in charges pursuant to this Section, Tyler will provide you
notice of such excess(es) and reasonably cooperate with you to identify opportunities for managing
user and Data Storage Capacity so as to not incur additional charges.
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. 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
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maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
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. The SaaS Services will conform to the
requirements of this Agreement, regardless of whether Tyler uses its own data center or a Third-
Party 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.
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.
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6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements. Should the applicable PCI DSS requirements of compliance change, we will make
all commercially reasonable efforts to reaffirm and remain in compliance.
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 mutually agreed upon Statement of Work.
2. Professional Services Fees. Subject to your payment withholding rights in Section E(2), 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 the 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 integration or interface
estimates) required for the project based on our understanding of the specifications you supplied
and as outlined in the Statement of Work. 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. The addendum or change order must be mutually
agreed to and signed by an authorized representative of each party before additional services
commence.
4. Client 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
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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.
Tyler Cancellation. If Tyler cancels services, the Client will not be liable for any costs associated with
cancellation.
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.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Assignment and Removal of Staff. After the Effective Date, and in coordination with the project
kick-off activities identified in the Statement of Work, we will make our project staffing assignments.
Upon request, we will provide you with project resumes, demonstrating relevant past project
experience, for project team members that are allocated for onsite services on the project. You
agree that those resumes are for your information and planning purposes only.
Once our project team is assembled and your counterparts have been identified, both parties agree
that, except for reasons outside of their control, they will not remove staff and personnel from their
assigned project roles without reasonable advance notice and good cause, and that they will work
together to mitigate project impacts after any such removal. The parties will also work together to
manage the project impact resulting from the temporary unavailability of project staff from either
party. We agree to use commercially reasonable efforts to maintain consistency of project
personnel and commit to replacement resources having sufficient project knowledge, without
additional cost to you, in order to render services in accordance with contractual requirements.
In the event our personnel is/are not providing services consistent with our services warranty or are
otherwise negatively impacting the project, you will notify us of that deficiency and give us a
reasonable opportunity to correct it. If the deficiency persists, we will replace that project member,
upon written request and demonstration of good cause. Replacement staff will be assigned
following the same processes set forth above and shall have reasonably sufficient experience and
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project knowledge to fulfill applicable obligations under the Agreement. The foregoing
notwithstanding, if the replacement personnel is providing services onsite, you shall remain liable
for travel expenses incurred by such personnel, to be invoiced in accordance with the Business
Travel Policy.
10. 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:
10.1 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);
10.2 provide support during our established support hours;
10.3 maintain skilled personnel that are sufficiently trained to be knowledgeable with the
Tyler Software and Third Party Software, if any, in order to provide maintenance and support
services;
10.4 make available to you all releases to the Tyler Software (including updates,
enhancements, technology, and platform) that we make generally available without additional
charge; and
10.5 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.
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 (such as Business Process Consulting); or (d) support outside of our
established support hours as listed in our then-current Support Call Process. Requested services such as
those outlined in this section will be billed to you on a time and materials basis at our then-current
rates. You must request those services with at least one (1) weeks’ advance notice.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
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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 the 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 the Invoicing and Payment Policy, Exhibit B, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within thirty (30) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is three (3) 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 for additional one (1) year renewal terms
at our then-current SaaS Fees unless terminated in writing by either party at least sixty (60) days
prior to the end of the then-current renewal term. Your right to access or use the Tyler Software
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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.
2.5 Return of Data. In the event of termination of the Agreement, and upon reasonable advance
notice, Tyler shall promptly make all Data available to you in the format of the database or other
such format as may be mutually agreed upon, provided through Tyler’s FTP server or such other
secure method reasonably selected by Tyler. Such Data will be provided at no additional cost.
SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend, indemnify, and hold you harmless from and 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 violation of the terms of this Agreement,
including with non-licensed third parties, or your willful infringement.
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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. In the event your use of the
Tyler Software is enjoined by a court of competition jurisdiction and we are unable to 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, you may terminate the Agreement for cause in accordance with Section
F(2.2).
2. General Indemnification.
2.1 We will indemnify, defend, and hold harmless you and your agents, officials, volunteers, nd
employees from and against any and all third-party claims, losses, liabilities, damages, costs, and
expenses (including reasonable attorney’s fees and costs) for (a) personal injury or property
damage to the extent caused by our negligence or willful misconduct; (b) our violation of PCI-
DSS requirements or a law applicable to our performance under this Agreement; or (c) our
violation of the confidentiality provisions of Section H(17) of this Agreement. You must notify us
promptly in writing of the claim and give us sole control over its defense or settlement. You
agree to provide us with reasonable assistance, cooperation, and information in defending the
claim at our expense. We will not agree to a settlement that requires you to perform or abstain
from any action (including but not limited to making a payment) without your consent, not to be
unreasonably withheld, and we will not agree to any other settlement without giving you
advance notice thereof and a reasonable opportunity to provide feedback on that proposed
settlement, which feedback we will consider in good faith.
2.2 To the extent permitted by applicable law, you will indemnify, defend, and hold harmless us and
our agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a)
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
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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), TWO (2) TIMES THE TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B)
DURING ANY RENEWAL TERM, TWO (2) TIMES 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 EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF THAT PARTY HAS 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 per claim
and $2,000,000 aggregate; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability
(inclusive of Cyber Liability) of at least $5,000,000; (d) Workers Compensation complying with
applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will
add you as an additional insured to our Commercial General Liability and Automobile Liability
policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability
policy as well. We will provide you with copies of certificates of insurance reflecting additional
insured status after execution of this Agreement.
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 eighteen (18) months from the Effective Date by executing
a mutually agreed addendum. If no rate is provided in the Investment Summary, or those eighteen
(18) months have expired, you may purchase additional products and services at our then-current
list price, also by executing a mutually agreed addendum. The terms of this Agreement will control
any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for eighteen (18) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
COML Council Packet 5-28-24, Page 23 of 166
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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. The venue of any action shall lie in the State or Federal Courts serving Grant County,
Washington.
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.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
COML Council Packet 5-28-24, Page 24 of 166
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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, and with your prior written
consent, marketing presentations and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. Provided, however,
that nothing in this Agreement shall prohibit the Client from complying with the Washington Public
Records Act. 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
COML Council Packet 5-28-24, Page 25 of 166
**Notice to Tyler is required under Section H(17) in the event the City receives a public records request.**
14
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 use
commercially reasonable efforts to 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, Tyler’s
affiliates or any Third Parties used at the direction of Tyler such as a Third-Party data center, we
reserve the right to require payment of mutually agreed upon additional fees for the extended
duration of quarantine.
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
the State of Washington, 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, attached at Exhibit F.
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.
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15
24. Payment Processing Terms. Your use of Payments and any related items is subject to the terms
attached as Exhibit G to this Agreement. By signing this Agreement, you agree you have read,
understand, and agree to such terms.
25. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: DocOrigin Terms
Schedule 2: Thin Print Terms
Exhibit E Statement of Work
Exhibit F Data & Insights SaaS Services Terms of Service
Exhibit G Payment Processing Agreement
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of Moses Lake, Washington
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Moses Lake
One Tyler Drive PO Box 1579
Yarmouth, ME 04096 Moses Lake, Washington 98837
Attention: Chief Legal Officer Attention: ______________________________
_______________________________________
Madeline Prentice, Finance Director
_______________________________________
Katherine Kenison, City Attorney
Kevin Fuhr
City Manager
COML Council Packet 5-28-24, Page 27 of 166
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
COML Council Packet 5-28-24, Page 28 of 166
2023-428231-M2B9S8 Page 1
Quoted By:Maddie McCambridge
Quote Expiration:05/31/24
Quote Name:City of Moses Lake-EERP
Quote Description: City of Moses Lake WA 03132024
Saas Term 3.00
Sales Quotation For:Shipping Address:
City of Moses Lake
PO Box 1579
Moses Lake WA 98837-0244
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Financial Management
Accounting 1 148 $ 23,352.00
Accounts Payable 1 40 $ 6,592.00
Budgeting 1 68 $ 6,592.00
Capital Assets 1 56 $ 5,544.00
Cash Management 1 40 $ 3,818.00
Contract Management 1 36 $ 2,518.00
eProcurement (Vendor Access and Punch-Out)1 32 $ 5,700.00
Project & Grant Accounting 1 40 $ 4,462.00
Purchasing 1 112 $ 9,626.00
Human Resources Management
Human Resources & Talent Management 1 116 $ 6,006.00
Payroll with Employee Access 1 224 $ 8,713.00
Recruiting 1 20 $ 1,116.00
Time & Attendance w Mobile Access - Up to 350 Employees 1 168 $ 10,818.00
Revenue Management
Exhibit A
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2023-428231-M2B9S8 Page 2
Accounts Receivable 1 88 $ 4,850.00
Cashiering 1 56 $ 8,396.00
General Billing 1 40 $ 3,200.00
Resident Access 1 56 $ 6,300.00
Utility Billing CIS 1 200 $ 7,678.00
Utility Billing Meter Interface 1 32 $ 2,477.00
Content Management
Content Manager Core includes Onboarding 1 40 $ 12,569.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights 1 112 $ 18,906.00
Additional
Enterprise Forms Processing Software (including Common Form Set)1 0 $ 7,215.00
GIS 5 8 $ 1,480.00
Notify includes 50,000 Msgs and 1,650 Mins per year 1 20 $ 10,000.00
Sub-Total:$ 177,928.00
Less Discount:$ 17,797.00
TOTAL 1752 $ 160,131.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance
Capital Assets Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00
COA Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Executive Insights Implementation 1 $ 8,400.00 $ 0.00 $ 8,400.00 $ 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
Payroll Employee Master Import Hours 16 $ 200.00 $ 0.00 $ 3,200.00 $ 0.00
Position Control Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Project Management 316 $ 200.00 $ 0.00 $ 63,200.00 $ 0.00
State Retirement Tables Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Conversions – See Detailed Breakdown Below $ 71,300.00 $ 0.00
Onsite Implementation 480 $ 225.00 $ 0.00 $ 108,000.00 $ 0.00
Exhibit A
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2023-428231-M2B9S8 Page 3
Remote Implementation 1272 $ 200.00 $ 0.00 $ 254,400.00 $ 0.00
TOTAL $ 525,300.00 $ 0.00
Payments
Use Case List Price Service %Min
Basis
Points Rate Cap POS Online IVR
Payments - Payer Card Cost - Service Fees
Enterprise ERP
Enterprise ERP Payments General Billing 3.50%$ 2.50 X X X
Enterprise ERP Payments Utility Billing 3.50%$ 2.50 X X X
Payments - Other Fees
Enterprise ERP
Client eCheck Cost $ 1.95
eCheck Rejects $ 5.00
Credit Card Chargebacks $ 15.00
Payer Card Cost Per card transaction with Visa, MasterCard, Discover, and American Express.
Enterprise ERP Payments IVR Cost - Additional $0.50 per transaction on top of Card and eCheck fee.
Client eCheck Cost Per electronic check transaction.
eCheck Rejects When an eCheck transaction comes back as declined (e.g bounced check)
Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card)
3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
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
Payments Lane 7000 Terminal Purchase 1 $ 630.00 $ 0.00 $ 630.00 $ 0.00 $ 0.00 $ 0.00
Payments PCI Service Fee (Per Device)1 $ 0.00 $ 0.00 $ 0.00 $ 180.00 $ 0.00 $ 180.00
Printer (TM-S9000II)1 $ 1,623.00 $ 0.00 $ 1,623.00 $ 0.00 $ 0.00 $ 0.00
Exhibit A
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2023-428231-M2B9S8 Page 4
TOTAL $ 2,993.00 $ 180.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 160,131.00
Total Tyler Services $ 525,300.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 2,993.00 $ 180.00
Summary Total $ 528,293.00 $ 160,311.00
Contract Total $ 1,008,866.00
Estimated Travel Expenses excl in Contract
Total $ 27,400.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:Date:
Print Name:P.O.#:
All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total)
Description Qty Unit Price Unit Discount Extended Price
Financials
Accounting 1 $ 5,000.00 $ 0.00 $ 5,000.00
Accounts Payable 1 $ 7,600.00 $ 0.00 $ 7,600.00
Contracts 1 $ 4,000.00 $ 0.00 $ 4,000.00
Project Accounting 1 $ 5,000.00 $ 0.00 $ 5,000.00
Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 0.00 $ 14,300.00
Revenue Management
Exhibit A
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2023-428231-M2B9S8 Page 5
General Billing 1 $ 8,200.00 $ 0.00 $ 8,200.00
Utility Billing 1 $ 27,200.00 $ 0.00 $ 27,200.00
TOTAL $ 71,300.00
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 350 Employees 1 104 $ 15,683.00
Revenue Management
Smart Meter Access - $2.00 per meter 1000 20 $ 2,000.00
Civic Services
My Civic 1 72 $ 10,000.00
Additional
ACFR Statement Builder 1 40 $ 7,850.00
Notify Additional Block of 12,000 Messages Per Year 1 0 $ 300.00
Notify Additional Block of 5,000 Minutes Per Year 1 0 $ 300.00
TOTAL:236 $ 36,133.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance
Applicant Tracking Import Hours 12 $ 200.00 $ 0.00 $ 2,400.00 $ 0.00
Onsite Implementation 68 $ 225.00 $ 0.00 $ 15,300.00 $ 0.00
Remote Implementation 168 $ 200.00 $ 0.00 $ 33,600.00 $ 0.00
TOTAL $ 51,300.00 $ 0.00
Optional 3rd Party Hardware, Software and Services
Exhibit A
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2023-428231-M2B9S8 Page 6
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 $ 16,740.00 $ 0.00 $ 16,740.00
TOTAL $ 11,840.00 $ 16,740.00
Tyler Annual Discount Detail (Excludes Optional Products)
Description Annual Fee
Annual Fee
Discount Annual Fee Net
Financial Management
Accounting $ 23,352.00 $ 2,335.00 $ 21,017.00
Accounts Payable $ 6,592.00 $ 659.00 $ 5,933.00
Budgeting $ 6,592.00 $ 659.00 $ 5,933.00
Capital Assets $ 5,544.00 $ 554.00 $ 4,990.00
Cash Management $ 3,818.00 $ 382.00 $ 3,436.00
Contract Management $ 2,518.00 $ 252.00 $ 2,266.00
eProcurement (Vendor Access and Punch-Out)$ 5,700.00 $ 570.00 $ 5,130.00
Project & Grant Accounting $ 4,462.00 $ 446.00 $ 4,016.00
Purchasing $ 9,626.00 $ 963.00 $ 8,663.00
Human Resources Management
Human Resources & Talent Management $ 6,006.00 $ 601.00 $ 5,405.00
Payroll with Employee Access $ 8,713.00 $ 871.00 $ 7,842.00
Recruiting $ 1,116.00 $ 112.00 $ 1,004.00
Time & Attendance w Mobile Access - Up to 350 Employees $ 10,818.00 $ 1,082.00 $ 9,736.00
Revenue Management
Accounts Receivable $ 4,850.00 $ 485.00 $ 4,365.00
Cashiering $ 8,396.00 $ 840.00 $ 7,556.00
General Billing $ 3,200.00 $ 320.00 $ 2,880.00
Exhibit A
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2023-428231-M2B9S8 Page 7
Resident Access $ 6,300.00 $ 630.00 $ 5,670.00
Utility Billing CIS $ 7,678.00 $ 768.00 $ 6,910.00
Utility Billing Meter Interface $ 2,477.00 $ 248.00 $ 2,229.00
Content Management
Content Manager Core includes Onboarding $ 12,569.00 $ 1,257.00 $ 11,312.00
Data Insights
Enterprise Analytics and Reporting w Executive Insights $ 18,906.00 $ 1,891.00 $ 17,015.00
Additional
Enterprise Forms Processing Software (including Common
Form Set)$ 7,215.00 $ 722.00 $ 6,493.00
GIS $ 1,480.00 $ 150.00 $ 1,330.00
Notify includes 50,000 Msgs and 1,650 Mins per year $ 10,000.00 $ 1,000.00 $ 9,000.00
TOTAL $ 177,928.00 $ 17,797.00 $ 160,131.00
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 60% Client and 40% 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
Exhibit A
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2023-428231-M2B9S8 Page 8
than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-
Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.
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 CybersecuritySales@tylertech.com to initiate the
trial.
Tyler currently supports the following identity providers (IdP's) for use with Tyler back-office solutions: Microsoft Active Directory through Azure AD,
ADFS or Okta AD agent, Google Cloud Identity, Okta, and Identity Automation Rapid Identity. Any requirement by you to use an IdP not supported by
Tyler will require additional costs, available upon request.
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 50 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.
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.
Financial library includes: standard A/P check, standard EFT/ACH, standard Purchase order, standard Contract, 1099M, 1099INT, 1099S, 1099NEC
and 1099G.
General Billing library includes: standard invoice, standard statement, standard general billing receipt and standard miscellaneous receipt.
Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.
Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of
project plan task statuses, and go-live planning activities.
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-services-
terms-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.
Exhibit A
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2023-428231-M2B9S8 Page 9
Smart Meter Access annual subscription is calculated in year one based on smart meter estimates documented in this order. Subsequent year’s
subscription value is calculated based on actual smart meters for the previous year.
Accounting conversion includes: Actuals (total balances only) up to 5 years, Budgets (total balances only) up to 5 years
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
Utility Billing conversion includes: Standard - UB Account, CID's, Services/Meter Inventory, Assessments, Consumption History - up to 5 years,
Balance Forward AR, Service Orders, Backflow, Budget Billing, Flat Inventory/Containers
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.
Your payment of the annual subscription or SaaS fee for Tyler Notify will include an identified amount of messages and/or minutes annually.
Additional messages and/or minutes may be purchased from Tyler in defined packages at our then-current rates. Tyler Notify will not restrict use
of messages and/or minutes that exceed the allotted messages but reserves the right to invoice you for documented overages occurring during
the annual term. Any unused messages or minutes remaining at the end of your annual subscription term expire.
Utility billing library includes: standard Utility bill, standard UB receipt, standard UB delinquent notice, standard door hanger and standard final
utility bill.
Exhibit A
COML Council Packet 5-28-24, Page 37 of 166
2023-428231-M2B9S8 Page 10
Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/payment-
card-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.
Fees for year one of hardware maintenance are invoiced upon delivery of the hardware, with subsequent years’ fees billed annually, in advance.
Exhibit A
COML Council Packet 5-28-24, Page 38 of 166
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 first year are invoiced on a quarterly basis, beginning on the
commencement of the initial term as set forth in Section F (1) of this Agreement. SaaS Fees for
subsequent years are invoiced annually in advance on every anniversary thereafter. Your annual
SaaS fees for the initial term are set forth in the Investment Summary. SaaS Fees for the first
two (2) annual renewals (years 4 and 5) will increase three percent (3%) on an annualized basis.
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 monthly 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 the initial planning expected within thirty (30) days of implementation kick-
off. All invoicing will reflect the 10% retainage on the current invoice as a reduction of the
current amount due.
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. For avoidance of doubt, Client is not purchasing any
Business Processing Consulting services as of the Effective Date.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
COML Council Packet 5-28-24, Page 39 of 166
Exhibit B
2
still report Defects to us as set forth in this Agreement. For avoidance of doubt, Client is not
requesting any Modifications to the Tyler Software as of the Effective Date.
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. For avoidance of doubt, Client is not purchasing any Web Services as of
the Effective Date.
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 then-
current rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon
delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced
annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary. For the
avoidance of doubt, Finite Matters will invoice Client directly for any services fees for
Pattern Stream.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment
Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy. Our current Business Travel Policy is attached to this Exhibit
B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to
charge you an administrative fee depending on the extent of your requests. Receipts for
miscellaneous items less than twenty-five dollars and mileage logs are not available.
COML Council Packet 5-28-24, Page 40 of 166
Exhibit B
3
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
AR@tylertech.com.
COML Council Packet 5-28-24, Page 41 of 166
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.
COML Council Packet 5-28-24, Page 42 of 166
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 other ride share 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.
COML Council Packet 5-28-24, Page 43 of 166
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.
COML Council Packet 5-28-24, Page 44 of 166
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.
COML Council Packet 5-28-24, Page 45 of 166
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
COML Council Packet 5-28-24, Page 46 of 166
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 (15) days of the end of the applicable month. We will respond to your
relief request within thirty (30) days 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.
COML Council Packet 5-28-24, Page 47 of 166
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 configuration-
based questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software
support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday –
Friday) across four (4) 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
COML Council Packet 5-28-24, Page 48 of 166
Exhibit C
Schedule 1
2
For support teams that provide after-hours service, we will provide you with procedures for contacting
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
such a 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 Response and 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.
COML Council Packet 5-28-24, Page 49 of 166
Exhibit C
Schedule 1
3
Priority
Level Characteristics of Support Incident Response and 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
Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level
4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any Priority Level 1 or 2 Defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the Defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and
view the site’s setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
COML Council Packet 5-28-24, Page 50 of 166
Exhibit D
1
Exhibit D
Third Party Terms
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.
COML Council Packet 5-28-24, Page 51 of 166
Exhibit D
Schedule 1
1
Exhibit D
Schedule 1
DocOrigin Terms
DocOrigin. Your use of Tyler Forms software and forms is subject to the DocOrigin terms. 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.
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COML Council Packet 5-28-24, Page 52 of 166
Exhibit D
Schedule 1
2
COML Council Packet 5-28-24, Page 53 of 166
Exhibit D
Schedule 1
3
COML Council Packet 5-28-24, Page 54 of 166
Exhibit D
Schedule 1
4
COML Council Packet 5-28-24, Page 55 of 166
Exhibit D
Schedule 1
5
COML Council Packet 5-28-24, Page 56 of 166
Exhibit D
Schedule 1
6
COML Council Packet 5-28-24, Page 57 of 166
Exhibit D
Schedule 2
1
Exhibit D
Schedule 2
Thin Print 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. 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.
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COML Council Packet 5-28-24, Page 58 of 166
Exhibit D
Schedule 2
1
Terms and Conditions of thinprint.com,
ThinPrint
These Terms govern
the use of thinprint.com, ThinPrint, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this
document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the
involved parties.
Thinprint.com, ThinPrint is provided by:
ThinPrint GmbH
Alt-Moabit 91a
10559 Berlin
Germany
Owner contact email: info@thinprint.com
The following documents are incorporated by reference into these Terms:
End-user license agreement
Eula appendix third party licenses (https://www.thinprint.com/en/legal-
docs/#thirdparty-licenses)
ThinPrint Hub Terms (https://www.thinprint.com/en/legal-docs/#hardware)
Sales Partner Program Terms (https://www.thinprint.com/en/legal-docs/#tespp)
Legal Bases for the Privacy Policy and Subprocessors of ThinPrint GmbH
(https://www.thinprint.com/en/legal-docs/#privacypolicy-exhibit)
Data Processing Addendum of ThinPrint GmbH (https://www.thinprint.com/en/legal-
docs/#dpa)
What the User should know at a glance
The Service/thinprint.com, ThinPrint is only intended for Users that do not qualify as
Consumers, such as Business Users.
The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using
thinprint.com, ThinPrint.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document.
By using thinprint.com, ThinPrint, Users confirm to meet the following requirements:
Users may not qualify as Consumers;
Content on thinprint.com, ThinPrint
Unless where otherwise specified or clearly recognizable, all content available on thinprint.com,
ThinPrint is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on thinprint.com, ThinPrint
infringes no applicable legal provisions or third-party rights. However, it may not always be possible to
achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are
COML Council Packet 5-28-24, Page 59 of 166
Exhibit D
Schedule 2
2
kindly asked to preferably report related complaints using the contact details provided in this
document.
Access to external resources
Through thinprint.com, ThinPrint Users may have access to external resources provided by third
parties. Users acknowledge and accept that the Owner has no control over such resources and is
therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any
possible grant of rights in content, result from each such third parties’ terms and conditions or, in the
absence of those, applicable statutory law.
Acceptable use
Thinprint.com, ThinPrint and the Service may only be used within the scope of what they are provided
for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of thinprint.com, ThinPrint and/or the
Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate
interests including by denying Users access to thinprint.com, ThinPrint or the Service,
terminating contracts, reporting any misconduct performed through thinprint.com, ThinPrint or
the Service to the competent authorities – such as judicial or administrative authorities -
whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
“Tell-a-friend”
Thinprint.com, ThinPrint gives Users the opportunity to receive advantages if, as a result of their
recommendation, any new User purchases a Product offered on thinprint.com, ThinPrint.
In order to take advantage of this offer, Users may invite others to purchase the Products on
thinprint.com, ThinPrint by sending them a tell-a-friend code provided by the Owner. Such codes can
only be redeemed once.
If upon purchase of the Products on thinprint.com, ThinPrint any of the persons invited redeems a tell-a-
friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an
additional service feature, an upgrade etc.) specified on thinprint.com, ThinPrint.
Tell-a-friend codes may be limited to specific Products among those offered on thinprint.com, ThinPrint.
The Owner reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of
advantage or benefit that each inviting User can receive, may be limited.
Software license
Any intellectual or industrial property rights, and any other exclusive rights on software or technical
applications embedded in or related to thinprint.com, ThinPrint are held by the Owner and/or its
licensors.
Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the
Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license
to use the software and/or any other technical means embedded in the Service within the scope and for
the purposes of thinprint.com, ThinPrint and the Service offered.
This license does not grant Users any rights to access, usage or disclosure of the original source code. All
techniques, algorithms, and procedures contained in the software and any documentation thereto
related is the Owner’s or its licensors’ sole property.
COML Council Packet 5-28-24, Page 60 of 166
Exhibit D
Schedule 2
3
All rights and license grants to Users shall immediately terminate upon any termination or expiration of
the Agreement.
Without prejudice to the above, under this license Users may download, install, use and run the software
on the permitted number of devices which fulfill the technical requirements specified in the relevant
section of thinprint.com, ThinPrint.
The Owner reserves the right to release updates, fixes and further developments of thinprint.com,
ThinPrint and/or its related software and to provide them to Users for free. Users may need to
download and install such updates to continue using thinprint.com, ThinPrint and/or its related
software.
New releases may only be available against payment of a fee.
The User may download, install, use and run the software on unlimited devices.
However, it may not be permitted to run the software on more than one device at a time.
API usage terms
Users may access their data relating to thinprint.com, ThinPrint via the Application Program Interface
(API). Any use of the API, including use of the API through a third-party product/service that accesses
thinprint.com, ThinPrint, is bound by these Terms and, in addition, by the following specific terms:
the User expressly understands and agrees that the Owner bears no responsibility and
shall not be held liable for any damages or losses resulting from the User’s use of the API or
their use of any third-party products/services that access data through the API.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on thinprint.com, ThinPrint, as part of the Service, are provided on the
basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and
in the dedicated sections of thinprint.com, ThinPrint.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of thinprint.com,
ThinPrint and are subject to change without notice.
While Products on thinprint.com, ThinPrint are presented with the greatest accuracy technically
possible, representation on thinprint.com, ThinPrint through any means (including, as the case may be,
graphic material, images, colors, sounds) is for reference only and implies no warranty as to the
characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place
the order by submitting it.
Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the
User the obligation to pay the price, taxes and possible further fees and expenses, as
specified on the order page.
COML Council Packet 5-28-24, Page 61 of 166
Exhibit D
Schedule 2
4
In case the purchased Product requires an action from the User, such as the provision of
personal information or data, specifications or special wishes, the order submission creates
an obligation for the User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has
been received.
All notifications related to the described purchasing process shall be sent to the email address provided
by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes
and costs (including, if any, delivery costs) that they will be charged.
Prices on thinprint.com, ThinPrint are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the
section the User is browsing.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases
related information can be found in the dedicated section of thinprint.com, ThinPrint.
All payments are independently processed through third-party services. Therefore, thinprint.com,
ThinPrint does not collect any payment information – such as credit card details – but only receives a
notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the
Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the
Owner reserves the right to claim any related expenses or damages from the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not
become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received
by the Owner.
Delivery
Delivery of digital content
Unless otherwise stated, digital content purchased on thinprint.com, ThinPrint is delivered via
download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s)
may be required to meet the technical requirements specified on thinprint.com, ThinPrint.
Users acknowledge and accept that the ability to download the purchased Product may be limited in
time and space.
Contract duration
Trial period
Users have the option to test thinprint.com, ThinPrint or selected Products during a limited and non-
renewable trial period, at no cost. Some features or functions of thinprint.com, ThinPrint may not be
available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on
thinprint.com, ThinPrint.
The trial period shall end automatically and shall not convert into any paid Product unless the User
actively purchases such paid Product.
COML Council Packet 5-28-24, Page 62 of 166
Exhibit D
Schedule 2
5
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the
type of subscription and termination are outlined below.
Open-ended subscriptions
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner.
Failure to do so may cause service interruptions.
Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous
termination notice to the Owner using the contact details provided in this document, or — if
applicable — by using the corresponding controls inside this Application.
Terminations shall take effect 7 days after the notice of termination has been received by the
Owner.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period
specified below (generally 14 days), for any reason and without justification. Users can learn more about
the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a
statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance
contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their
intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of
this document. Users are, however, free to express their intention to withdraw from the contract by
making an unequivocal statement in any other suitable way. In order to meet the deadline within which
they can exercise such right, Users must send the withdrawal notice before the withdrawal period
expires.
When does the withdrawal period expire?
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made
to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the
least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from
the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless
otherwise agreed with the User, reimbursements will be made using the same means of payment as
used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result
of such reimbursement.
Liability and indemnification
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors,
agents, co-branders, partners and employees harmless from and against any claim or demand —
including but not limited to lawyer's fees and costs — made by any third party due to or in relation with
any culpable use of or connection to the Service, violation of these Terms, infringement of any third-
party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders,
partners and employees to the extent allowed by applicable law.
COML Council Packet 5-28-24, Page 63 of 166
Exhibit D
Schedule 2
6
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability
provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person
acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of
an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the
contract, and/or damages resulting from intent or gross negligence, as long as thinprint.com, ThinPrint
has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or
physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the
moment the contract was entered into.
In particular, within the limits stated above, the Owner shall not be liable for:
any losses that are not the direct consequence of a breach of the Terms by the Owner;
any loss of business opportunities and any other loss, even indirect, that may be incurred
by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or
anticipated savings, loss of contracts or business relationships, loss of reputation or
goodwill, etc.);
damages or losses resulting from interruptions or malfunctions of thinprint.com, ThinPrint
due to acts of force majeure, or unforeseen and unforeseeable events and, in any case,
independent of the will and beyond the control of the Owner, such as, but not limited to,
failures or disruptions of telephone or electrical lines, the Internet and / or other means of
transmission, unavailability of websites, strikes, natural disasters, viruses and cyber
attacks, interruptions in the delivery of products, third-party services or applications;
any damage, prejudice or loss occurring due to viruses or other malware contained in or
connected to files available for download from the internet or via thinprint.com, ThinPrint.
Users are responsible for implementing sufficient security measures – such as anti-viruses
and firewalls to prevent any such infection or attack and for securing backup copies of all
data or information exchanged via or uploaded to thinprint.com, ThinPrint.
Notwithstanding the above, the following limitation applies to all Users not qualifying as Consumers:
In any event of liability, the compensation may not exceed the total payments that have been, will be or
would be received by the Owner from the User based on the contract over a period of 12 months, or the
period of the duration of the Agreement, if shorter.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or
remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar
State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable
right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a
non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited,
at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having
the services supplied again.
US Users
Disclaimer of Warranties
Thinprint.com, ThinPrint is provided strictly on an “as is” and “as available” basis. Use of the
Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner
expressly disclaims all conditions, representations, and warranties — whether express, implied,
statutory or otherwise, including, but not limited to, any implied warranty of merchantability,
fitness for a particular purpose, or non-infringement of third-party rights. No advice or
information, whether oral or written, obtained by user from owner or through the Service will
create any warranty not expressly stated herein.
COML Council Packet 5-28-24, Page 64 of 166
Exhibit D
Schedule 2
7
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,
directors, agents, co-branders, partners, suppliers and employees do not warrant that the
content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the
Service will be available at any particular time or location, uninterrupted or secure; that any
defects or errors will be corrected; or that the Service is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use of the Service is
downloaded at users own risk and users shall be solely responsible for any damage to Users’
computer system or mobile device or loss of data that results from such download or Users’ use
of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the Service or any hyperlinked website or
service, and the Owner shall not be a party to or in any way monitor any transaction between
Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser,
mobile device, and/or operating system. The owner cannot be held liable for any perceived or
actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of
certain implied warranties. The above exclusions may not apply to Users. This Agreement gives
Users specific legal rights, and Users may also have other rights which vary from state to state.
The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by
applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages,
including without limitation damages for loss of profits, goodwill, use, data or other
intangible losses, arising out of or relating to the use of, or inability to use, the
Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized
access or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User
access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all
personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the
Service;
any errors or omissions in any content or for any loss or damage incurred as a result
of the use of any content posted, emailed, transmitted, or otherwise made available
through the Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event
shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-
branders, partners, suppliers and employees be liable for any claims, proceedings,
liabilities, obligations, damages, losses or costs in an amount exceeding the amount
paid by User to the Owner hereunder in the preceding 12 months, or the period of
duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if company has been advised of the possibility of such damage.
COML Council Packet 5-28-24, Page 65 of 166
Exhibit D
Schedule 2
8
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, therefore the above limitations or exclusions may not apply to User. The terms give
User specific legal rights, and User may also have other rights which vary from jurisdiction to
jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not
apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees harmless from and against any
and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses,
including, but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or
received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of
the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of
privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with
User’s unique username, password or other security measure, if applicable,
including, but not limited to, misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of
any such right or provision. No waiver shall be considered a further or continuing waiver of such term
or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for
maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If
the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal
Data or information and will respect Users' rights relating to continued product use and/or
compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control,
such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of thinprint.com, ThinPrint
and of its Service without the Owner’s express prior written permission, granted either directly or
through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of
thinprint.com, ThinPrint.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such
as copyrights, trademark rights, patent rights and design rights related to thinprint.com, ThinPrint are
COML Council Packet 5-28-24, Page 66 of 166
Exhibit D
Schedule 2
9
the exclusive property of the Owner or its licensors and are subject to the protection granted by
applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,
illustrations, images, or logos appearing in connection with thinprint.com, ThinPrint are, and remain, the
exclusive property of the Owner or its licensors and are subject to the protection granted by applicable
laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users
onwards.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not
wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can
obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights
or obligations under these Terms, taking the User’s legitimate interests into account. Provisions
regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the
written permission of the Owner.
Contacts
All communications relating to the use of thinprint.com, ThinPrint must be sent using the contact
information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable
law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent
reasonably required to render it valid, enforceable and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof,
and supersede all other communications, including but not limited to all prior agreements, between the
parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted
by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do
their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the
applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular
provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are
essential to the Agreement, or of such importance that the parties would not have entered into the
contract if they had known that the provision would not be valid, or in cases where the remaining
provisions would translate into an unacceptable hardship on any of the parties.
COML Council Packet 5-28-24, Page 67 of 166
Exhibit D
Schedule 2
10
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant
section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for a
higher applicable consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies
with the courts of the place where the Owner is based, as displayed in the relevant section of this
document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in
the United Kingdom, Switzerland, Norway or Iceland.
US Users
Surviving provisions
This Agreement shall continue in effect until it is terminated by either thinprint.com, ThinPrint or the
User. Upon termination, the provisions contained in these Terms that by their context are intended to
survive termination or expiration will survive, including but not limited to the following:
the User’s grant of licenses under these Terms shall survive indefinitely;
the User’s indemnification obligations shall survive for a period of five years from the date
of termination;
the disclaimer of warranties and representations, and the stipulations under the section
containing indemnity and limitation of liability provisions, shall survive indefinitely.
Definitions and legal references
Latest update: June 14, 2023
iubenda hosts this content and only collects the Personal Data strictly necessary for it to be provided.
Terms and Conditions generated with
Generate yours
COML Council Packet 5-28-24, Page 68 of 166
Exhibit D
Schedule 3
1
Exhibit D
Schedule 3
Twilio Terms
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided
by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said
functionality are subject to the terms of the Twilio Acceptable Use Policy. By signing a Tyler Agreement
or Order Form, or accessing, installing, or using any such Tyler solution, you certify that you have
reviewed, understand and agree to said terms. Tyler hereby disclaims any and all liability related to your
or your end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for
failure to abide by said terms shall rest solely with the person or entity whose conduct violated said
terms.
Electronic Warrants
Online Dispute Resolution
Enterprise Justice Notifications Add On (text notifications)
Absence & Substitute
Notify
Enterprise Jury Manager
Enterprise Supervision
Virtual Court
COML Council Packet 5-28-24, Page 69 of 166
https://www.twilio.com/en-us/legal/aup 1/3
Exhibit D
Schedule 3
@)twilio
Print this page
Customer and Partner Agreements V
Privacy V
Mobile Application Terms V
Supplier Agreements V
Intellectual Property V
Resources for Law Enforcement V
Civil Requests V
Code of Conduct & Ethics Hotline V
Digital Promotions General Rules V
Customer Research and User Experience V
Legal Notices for Twilio's Web Site V
Italy ALIAS Database Code of Conduct V
Acceptable Use Policy
Last Updated: February 14, 2023
This Acceptable Use Policy ("AUP') describes rules that apply to any party ("yot/', "your', "yours",
or "Customer') using any products and services provided by Twilio Inc. or any of its affiliates
("Services") and any user of the Services, including via any products and services provided by
Customer (" End User'). Twilio Inc. together with its affiliates will be referred to as "Twilio" in this
AUP. The prohibited conduct in this AUP is not exhaustive. Customer is responsible for its End Users'
compliance with this AUP. If Customer or any End User violates this AUP, Twilio may suspend
Customer's use of the Services. This AUP may be updated by Twilio from time to time upon
reasonable notice, which may be provided via Customer's account, e-mail, or by posting an updated
version of this AUP at https://www.twilio.com/legal/aup.
COML Council Packet 5-28-24, Page 70 of 166
https://www.twilio.com/en-us/legal/aup 2/3
Exhibit D
Schedule 3
No Inappropriate Content or Users. Do not use the Services to transmit or store any content or @twilit,ns (commercial or otherwise) that is illegal, harmful, unwanted, inappropriate, or
o ectionable, including, but not limited to, content or communications which Twilio determines (a)
is false or inaccurate; (b) is hateful or encourages hatred or violence against individuals or groups; or
(c) could endanger public safety. This prohibition includes use of the Services by a hate group.
Customer and its End Users are also prohibited from using the Services to promote, or enable the
transmission of or access to, any prohibited content or communications described in this
paragraph.
Prohibited Activities. Do not use the Services to engage in or encourage any activity that is illegal,
deceptive, harmful, a violation of others' rights, or harmful to Twilio's business operations or
reputation, including:
• Violations of Laws or Standards. Violating laws, regulations, governmental orders, industry
standards, or telecommunications providers' requirements or guidance in any applicable
jurisdiction, including any of the foregoing that require (a) consent be obtained prior to transmitting,
recording, collecting, or monitoring data or communications or (b) compliance with opt-out
requests for any data or communications.
• Interference with the Services. Interfering with or otherwise negatively impacting any aspect of
the Services or any third-party networks that are linked to the Services.
• Reverse Engineering. Reverse engineering, copying, disassembling, or decompiling the
Services.
• Falsification of Identity or Origin. Creating a false identity or any attempt to mislead others as
to the identity of the sender or the origin of any data or communications.
No Service Integrity Violations. Do not violate the integrity of the Services, including:
• Bypassing Service Limitations. Attempting to bypass, exploit, defeat, or disable limitations or
restrictions placed on the Services.
• Security Vulnerabilities. Finding security vulnerabilities to exploit the Services or attempting to
bypass any security mechanism or filtering capabilities.
• Disabling the Services. Any denial of service (DoS) attack on the Services or any other conduct that
attempts to disrupt, disable, or overload the Services.
• Harmful Code or Bots. Transmitting code, files, scripts, agents, or programs intended to do harm,
including viruses or malware, or using automated means, such as bots, to gain access to or use
the Services.
COML Council Packet 5-28-24, Page 71 of 166
https://www.twilio.com/en-us/legal/aup 3/3
Exhibit D
Schedule 3
• Unauthorized Access. Attempting to gain unauthorized access to the Service
COML Council Packet 5-28-24, Page 72 of 166
https://www.twilio.com/en-us/legal/aup 1/3
Exhibit D
Schedule 3
Data Safeguards. Customer is responsible for determining whether the Services offer
appropriate
@twili& Customer's use of the Services, including, but not limited to, any
safeguards required
applicable law or regulation, prior to transmitting or processing, or prior to permitting
End Users to transmit or process, any data or communications via the Services.
Service and Country Specific Requirements. Additional requirements for specific (a)
Services, including any country specific requirements, and (b) products and services that are
purchased from Twilio, but provided, or otherwise made available, by a third party
are, in either case, set forth at https://www.twilio.com/legal/service-country-specific-terms
and apply solely to the extent Customer uses those specific (i) Services or (ii) third-
party products and services.
Violations of this AUP, including any prohibited content or communications, may
be reported to https://www.twilio.com/help/abuse. Customer agrees to immediately
report any violation of this AUP to Twilio and provide cooperation, as requested by
Twilio, to investigate and/or remedy that violation.
COML Council Packet 5-28-24, Page 73 of 166
Exhibit E
Exhibit E
Statement of Work
Statement of Work to be inserted prior to Agreement execution.
REMAINDER OF PAGE INTENTINALLY BLANK
COML Council Packet 5-28-24, Page 74 of 166
City of Moses Lake, WA
Statement of Work from Tyler Technologies, Inc.
11/7/2023
Presented to:
Madeline Prentice
City of Moses Lake
PO Box 1579
Moses Lake, WA 98837-0244
Contact:
Tammy Little
Email: Tammy.Little@TylerTech.com
1 Tyler Drive Yarmouth, Maine 04096
Exhibit E
COML Council Packet 5-28-24, Page 75 of 166
City of Moses Lale
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 ................................................................................................................................... 8
Tyler Technical Services .............................................................................................................. 8
City of Moses Lake Roles & Responsibilities ....................................................................................... 9
City of Moses Lake Executive Sponsor ........................................................................................ 9
City of Moses Lake Steering Committee ..................................................................................... 9
City of Moses Lake Project Manager ........................................................................................ 10
City of Moses Lake Functional Leads ........................................................................................ 11
City of Moses Lake Power Users ............................................................................................... 12
City of Moses Lake End Users ................................................................................................... 12
City of Moses Lake Technical Lead ............................................................................................ 12
City of Moses Lake 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
COML Council Packet 5-28-24, Page 76 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | ii
Stakeholder Meeting ................................................................................................................. 18
GIS Preparation ......................................................................................................................... 19
Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 20
Assess & Define ................................................................................................................................. 21
Solution Orientation.................................................................................................................. 21
Current & Future State Analysis ................................................................................................ 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 .................................................................................................................. 27
Conversion Delivery .................................................................................................................. 28
Intentionally left blank. ............................................................................................................. 30
Intentionally left blank. ............................................................................................................. 30
Control Point 3: Prepare Solution Stage Acceptance ................................................................ 30
Production Readiness ....................................................................................................................... 30
Solution Validation .................................................................................................................... 30
Go-Live Readiness ..................................................................................................................... 31
End User Training ...................................................................................................................... 32
Control Point 4: Production Readiness Stage Acceptance ........................................................ 33
Production ......................................................................................................................................... 34
Go-Live ...................................................................................................................................... 34
Transition to Client Services ...................................................................................................... 35
Post Go-Live Activities ............................................................................................................... 36
Control Point 5: Production Stage Acceptance ......................................................................... 37
Close .................................................................................................................................................. 37
Phase Closeout .......................................................................................................................... 38
Project Closeout ........................................................................................................................ 39
Control Point 6: Close Stage Acceptance .................................................................................. 40
General Assumptions ...................................................................................................................... 40
Project ............................................................................................................................................... 40
Organizational Change Management ............................................................................................... 40
Resources and Scheduling ................................................................................................................ 41
Data ................................................................................................................................................... 41
Facilities............................................................................................................................................. 42
Glossary ......................................................................................................................................... 43
PART 4: APPENDICES ............................................................................................................................... 46
Conversion ..................................................................................................................................... 46
Enterprise ERP Conversion Summary ............................................................................................... 46
Exhibit E
COML Council Packet 5-28-24, Page 77 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | iii
Accounting ................................................................................................................................ 46
Accounts Payable ...................................................................................................................... 46
Contracts ................................................................................................................................... 46
Project Accounting .................................................................................................................... 47
Human Resources Management ............................................................................................... 47
General Billing ........................................................................................................................... 48
Utility Billing .............................................................................................................................. 48
Additional Appendices ................................................................................................................ 50
Tyler and Client Work Split Assumptions .......................................................................................... 50
Increased Work Split Hours ....................................................................................................... 50
Project Timeline .......................................................................................................................... 51
ERP Project Timeline ......................................................................................................................... 53
Exhibit E
COML Council Packet 5-28-24, Page 78 of 166
City of Moses Lale
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 the City of Moses Lake (collectively the “Project”).
The overall goals of the project are to:
Successfully implement the contracted scope on time and on budget
Increase operational efficiencies and empower users to be more productive
Improve accessibility and responsiveness to external and internal customer needs
Overcome current challenges and meet future goals
Providing a single, comprehensive, and integrated solution to manage business functions
Streamline business processes through automation, integration, and workflows
Provide a user-friendly user interface to promote system use and productivity
Eliminate redundant data entry
Methodology
This is accomplished by the City of Moses Lake and Tyler working as a partnership and Tyler utilizing its depth
of implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology.
Each of the six stages is comprised of multiple work packages, and each work package includes a narrative
description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance
Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective
communications, and quality standards. Clearly defined, the project methodology repeats consistently across
Phases, and is scaled to meet the City of Moses Lake’s complexity and organizational needs.
Exhibit E
COML Council Packet 5-28-24, Page 79 of 166
City of Moses Lale
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 the City of Moses Lake and Tyler commit to including the
necessary leadership and governance. During each stage of the Project, it is expected that the City of Moses
Lake and Tyler Project teams work collaboratively to complete tasks. An underlying principle of Tyler’s
Implementation process is to employ an iterative model where the City of Moses Lake’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
COML Council Packet 5-28-24, Page 80 of 166
City of Moses Lale
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 the City of Moses Lake collaborate to
resolve Project challenges according to defined escalation paths. If project managers do not possess authority
to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City
of Moses Lake Steering Committee become the escalation points to triage responses prior to escalation to the
City of Moses Lake and Tyler executive sponsors. As part of the escalation process, each Project governance
tier presents recommendations and supporting information to facilitate knowledge transfer and issue
resolution. The City of Moses Lake and Tyler executive sponsors serve as the final escalation point.
Exhibit E
COML Council Packet 5-28-24, Page 81 of 166
City of Moses Lale
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 the City of Moses Lake; for example, the City of Moses Lake may decide it no longer
Exhibit E
COML Council Packet 5-28-24, Page 82 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 5
needs a deliverable originally defined in the Project. The Change Request will include the following
information:
The nature of the change.
A good faith estimate of the additional cost or associated savings to the City of Moses Lake, if any.
The timetable for implementing the change.
The effect on and/or risk to the schedule, resource needs or resource responsibilities.
The City of Moses Lake will use its good faith efforts to either approve or disapprove any Change Request
within ten (10) Business Days (or other period as mutually agreeable between Tyler and the City of Moses
Lake). 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
COML Council Packet 5-28-24, Page 83 of 166
City of Moses Lale
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 City of Moses Lake office or department designates specific individuals for making
decisions on behalf of their offices or departments.
Both Tyler and the City of Moses Lake will identify representative project managers. These individuals will
represent the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining City of Moses Lake feedback and approval on Project deliverables will be critical
to the success of the Project. The City of Moses Lake project manager will strive to gain deliverable and
decision approvals from all authorized City of Moses Lake representatives. Given that the designated
decision-maker for each department may not always be available, there must be a designated proxy for each
decision point in the Project. Assignment of each proxy will be the responsibility of the leadership from each
City of Moses Lake department. The proxies will be named individuals that have the authorization to make
decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
The City of Moses Lake shall have ten (10) business days from the date of delivery, or as otherwise
mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City
of Moses Lake does not provide acceptance or acknowledgement within ten (10) business days, or
the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable
or Control Point as accepted.
If the City of Moses Lake does not agree the Deliverable or Control Point meets requirements, the
City of Moses Lake shall notify Tyler project manager(s), in writing, with reasoning within ten (10)
business days, or the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt
of the Deliverable.
Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City of Moses
Lake shall then have five (5) business days from receipt of the redelivered Deliverable or Control Point
to accept or again submit written notification of reasons for rejecting the milestone. If the City of
Moses Lake does not provide acceptance within five (5) business days, or the otherwise agreed upon
timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as
accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for the City of Moses Lake and
Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City of
Moses Lake, but are roles defined within the Project. It is common for individual resources on both the Tyler
and City of Moses Lake 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
COML Council Packet 5-28-24, Page 84 of 166
City of Moses Lale
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
the City of Moses Lake’s overall organizational strategy.
Authorizes required Project resources.
Resolves all decisions and/or issues not resolved at the implementation management level as part of
the escalation process.
Acts as the counterpart to the City of Moses Lake’s executive sponsor.
Tyler Implementation Manager
Tyler implementation management has indirect involvement with the Project and is part of the Tyler
escalation process. The Tyler project managers consult implementation management on issues and
outstanding decisions critical to the Project. Implementation management works toward a solution
with the Tyler Project Manager or with City of Moses Lake management as appropriate. Tyler
executive management is the escalation point for any issues not resolved at this level.
Assigns Tyler Project personnel.
Provides support for the Project team.
Provides management support for the Project to ensure it is staffed appropriately and staff have
necessary resources.
Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources
between departments, management of the Project budget and schedule, effective risk, and issue
management, and is the primary point of contact for all Project related items. As requested by the
City of Moses Lake, the Tyler Project Manager provides regular updates to the City of Moses Lake
Steering Committee and other Tyler governance members. Tyler Project Manager’s role includes
responsibilities in the following areas:
Contract Management
Validates contract compliance throughout the Project.
Ensures Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions.
Prepares and presents contract milestone sign-offs for acceptance by the City of Moses Lake 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.
Exhibit E
COML Council Packet 5-28-24, Page 85 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 8
Collaborates with the City of Moses Lake project manager(s) to plan and schedule Project timelines to
achieve on-time implementation.
Implementation Management
Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus
actual are transparent and handled effectively and efficiently.
Establishes and manages a schedule and Tyler resources that properly support the Project Schedule
and are also in balance with Scope/budget.
Establishes risk/issue tracking/reporting process between the City of Moses Lake and Tyler and takes
all necessary steps to proactively mitigate these items or communicate with transparency to the City
of Moses Lake any items that may impact the outcomes of the Project.
Collaborates with the City of Moses Lake’s project manager(s) to establish key business drivers and
success indicators that will help to govern Project activities and key decisions to ensure a quality
outcome of the project.
Collaborates with the City of Moses Lake’s project manager(s) to set a routine communication plan
that will aide all Project team members, of both the City of Moses Lake and Tyler, in understanding
the goals, objectives, status, and health of the Project.
Resource Management
Acts as liaison between Project team and Tyler manager(s).
Identifies and coordinates all Tyler resources across all applications, Phases, and activities including
development, forms, installation, reports, implementation, and billing.
Provides direction and support to Project team.
Manages the appropriate assignment and timely completion of tasks as defined in the Project
Schedule, task list, and Go-Live Checklist.
Assesses team performance and adjusts as necessary.
Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
Completes tasks as assigned by the Tyler project manager(s).
Documents activities for services performed by Tyler.
Guides the City of Moses Lake through software validation process following configuration.
Assists during Go-Live process and provides support until the City of Moses Lake transitions to Client
Services.
Facilitates training sessions and discussions with the City of Moses Lake and Tyler staff to ensure
adequate discussion of the appropriate agenda topics during the allotted time.
May provide conversion review and error resolution assistance.
Tyler Sales
Supports Sales to Implementation knowledge transfer during Initiate & Plan.
Provides historical information, as needed, throughout implementation.
Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
Maintains Tyler infrastructure requirements and design document(s).
Involved in system infrastructure planning/review(s).
Exhibit E
COML Council Packet 5-28-24, Page 86 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 9
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.
Provides technical training following deployment.
Conducts GIS Planning.
Reviews GIS data and provides feedback to the City of Moses Lake.
Loads City of Moses Lake provided GIS data into the system.
City of Moses Lake Roles & Responsibilities
City of Moses Lake resources will be assigned prior to the start of each Phase of the Project. One person may
be assigned to multiple Project roles.
City of Moses Lake Executive Sponsor
The City of Moses Lake executive sponsor provides support to the Project by providing strategic direction and
communicating key issues about the Project and its overall importance to the organization. When called
upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive
sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation,
but does not participate in day-to-day Project activities. The executive sponsor empowers the City of Moses
Lake steering committee, project manager(s), and functional leads to make critical business decisions for the
City of Moses Lake.
Champions the project at the executive level to secure buy-in.
Authorizes required project resources.
Actively participates in organizational change communications.
City of Moses Lake Steering Committee
The City of Moses Lake steering committee understands and supports the cultural change necessary for the
Project and fosters an appreciation for the Project’s value throughout the organization. The steering
committee oversees the City of Moses Lake project manager and Project through participation in regular
internal meetings. The City of Moses Lake steering committee remains updated on all Project progress,
Project decisions, and achievement of Project milestones. The City of Moses Lake steering committee also
serves as primary level of issue resolution for the Project.
Works to resolve all decisions and/or issues not resolved at the project manager level as part of the
escalation process.
Attends all scheduled steering committee meetings.
Provides support for the project team.
Assists with communicating key project messages throughout the organization.
Prioritizes the project within the organization.
Ensures the project staffed appropriately and that staff have necessary resources.
Monitors project progress including progress towards agreed upon goals and objectives.
Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
o Project Goals
o City of Moses Lake Policies
Exhibit E
COML Council Packet 5-28-24, Page 87 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 10
o Needs of other client projects
City of Moses Lake Project Manager
The City of Moses Lake shall assign project manager(s) prior to the start of this project with overall
responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The
City of Moses Lake Project Manager should communicate decisions and commitments to the Tyler project
manager(s) in a timely and efficient manner. When the City of Moses Lake project manager(s) do not have the
knowledge or authority to make decisions, he or she engages the necessary resources to participate in
discussions and make decisions in a timely fashion to avoid Project delays. The City of Moses Lake project
manager(s) are responsible for reporting to the City of Moses Lake steering committee and determining
appropriate escalation points.
Contract Management
Validates contract compliance throughout the project.
Ensures that invoicing and Deliverables meet contract requirements.
Acts as primary point of contact for all contract and invoicing questions. Collaborates on and
approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
Reviews and accepts project planning documents.
Defines project tasks and resource requirements for the City of Moses Lake 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
Coordinates with Tyler Project Manager to tightly manage project budget and scope.
Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that
scope changes and budget (planned versus actual) are transparent and handled effectively and
efficiently.
Collaborates with Tyler project manager to establish and manage a schedule and resource plan that
properly supports the project schedule as a whole and is also in balance with scope and budget.
Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process
between the City of Moses Lake and Tyler and takes all necessary steps to proactively mitigate these
items or communicate with transparency to Tyler any items that may impact the outcomes of the
project.
Collaborates with Tyler project manager(s) to establish key business drivers and success indicators
that will help to govern project activities and key decisions to ensure a quality outcome of the project.
Routinely communicates with both the City of Moses Lake 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.
Exhibit E
COML Council Packet 5-28-24, Page 88 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 11
Identifies and coordinates all City of Moses Lake resources across all modules, phases, and activities
including data conversions, forms design, hardware and software installation, reports building, and
satisfying invoices.
Provides direction and support to project team.
Builds partnerships among the various stakeholders, negotiating authority to move the project
forward.
Manages the appropriate assignment and timely completion of tasks as defined.
Assesses team performance and takes corrective action, if needed.
Provides guidance to City of Moses Lake technical teams to ensure appropriate response and
collaboration with Tyler Technical Support Teams to ensure timely response and appropriate
resolution.
Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project
tasks.
Ensures that users have appropriate access to Tyler project toolsets as required.
Conducts training on proper use of toolsets.
Validates completion of required assignments using toolsets.
City of Moses Lake Functional Leads
Makes business process change decisions under time sensitive conditions.
Communicates existing business processes and procedures to Tyler consultants.
Assists in identifying business process changes that may require escalation.
Contributes business process expertise for Current & Future State Analysis.
Identifies and includes additional subject matter experts to participate in Current & Future State
Analysis.
Validates that necessary skills have been retained by end users.
Provides End Users with dedicated time to complete required homework tasks.
Acts as an ambassador/champion of change for the new process and provide business process
change support.
Identifies and communicates any additional training needs or scheduling conflicts to the City of
Moses Lake project manager.
Actively participates in all aspects of the implementation, including, but not limited to, the following
key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of City of Moses Lake 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
Exhibit E
COML Council Packet 5-28-24, Page 89 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 12
City of Moses Lake Power Users
Participate in project activities as required by the project team and project manager(s).
Provide subject matter expertise on the City of Moses Lake business processes and requirements.
Act as subject matter experts and attend Current & Future State Analysis sessions as needed.
Attend all scheduled training sessions.
Participate in all required post-training processes as needed throughout project.
Test all application configuration to ensure it satisfies business process requirements.
Become application experts.
Participate in Solution Validation.
Adopt and support changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Demonstrate competency with Tyler products processing prior to Go-live.
Provide knowledge transfer to the City of Moses Lake staff during and after implementation.
Participate in conversion review and validation.
City of Moses Lake End Users
Attend all scheduled training sessions.
Become proficient in application functions related to job duties.
Adopt and utilize changed procedures.
Complete all deliverables by the due dates defined in the project schedule.
Utilize software to perform job functions at and beyond Go-live.
City of Moses Lake Technical Lead
Coordinates updates and releases with Tyler as needed.
Coordinates the copying of source databases to training/testing databases as needed for training
days.
Coordinates and adds new users, printers and other peripherals as needed.
Validates that all users understand log-on process and have necessary permission for all training
sessions.
Coordinates interface development for City of Moses Lake third party interfaces.
Develops or assists in creating reports as needed.
Ensures on-site system meets specifications provided by Tyler.
Assists with software installation as needed.
Extracts and transmits conversion data and control reports from the City of Moses Lake’s legacy
system per the conversion schedule set forth in the project schedule.
City of Moses Lake GIS
Participates in GIS planning activities.
Responsible for management and maintenance of City of Moses Lake GIS infrastructure and data.
Ensures GIS data/service endpoints are in alignment with Tyler software requirements.
Provides Tyler implementation team with GIS data/service access information.
City of Moses Lake Upgrade Coordination
Becomes familiar with the software upgrade process and required steps.
Becomes familiar with Tyler’s releases and updates.
Exhibit E
COML Council Packet 5-28-24, Page 90 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 13
Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest
helpful tools to manage the City of Moses Lake’s software upgrade process.
Assists with the software upgrade process during implementation.
Manages software upgrade activities post-implementation.
Manages software upgrade plan activities.
Coordinates software upgrade plan activities with City of Moses Lake and Tyler resources.
Communicates changes affecting users and department stakeholders.
Obtains department stakeholder acceptance to upgrade production environment.
City of Moses Lake 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
COML Council Packet 5-28-24, Page 91 of 166
City of Moses Lale
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 the City of
Moses Lake.
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
COML Council Packet 5-28-24, Page 92 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 15
Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a
foundation for the Project by identifying and establishing sequence and timing for each Phase as well as
verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique
items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources
will be assigned later in the Project as a Project schedule is developed. Tyler provides the City of Moses Lake
with initial Project documents used to gather names of key personnel, their functional role as it pertains to
the Project, as well as any blackout dates to consider for future planning. The City of Moses Lake gathers the
information requested by the provided deadline ensuring preliminary planning and scheduling can be
conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate
with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning
Meeting with the City of Moses Lake’s team. During this step, Tyler will work with the City of Moses Lake to
establish the date(s) for the Project and Phase Planning session.
Objectives:
Formally launch the project.
Establish project governance.
Define and communicate governance for Tyler.
Identify City of Moses Lake project team.
STAGE 1 Initial Coordination
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users)Department Heads End Users Technical Leads Tyler project team is assigned A R C I I I I I I
City of Moses Lake project team
is assigned A I R I I I
Provide initial project
documents to the City of Moses
Lake
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
Exhibit E
COML Council Packet 5-28-24, Page 93 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 16
Create Project Portal to store
project artifacts and facilitate
communication
A R I
Inputs Contract documents
Statement of Work
Outputs/Deliverables Working initial project documents
Project portal
Work package assumptions:
Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and
services purchased, identify applications to implement in each Phase (if applicable), and discuss
implementation timeframes.
During this work package Tyler will work with the City of Moses Lake to coordinate and plan a formal Project
planning meeting(s). This meeting signifies the start of the Project and should be attended by all City of Moses
Lake Project team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to
introduce its implementation methodology, terminology, and Project management best practices to the City
of Moses Lake’s Project Team. This will also present an opportunity for project managers and Project
sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to
measure Project progress and manage change.
Tyler will work with the City of Moses Lake Project Team to prepare and deliver the Project Management Plan
as an output of the planning meeting. This plan will continue to evolve and grow as the Project progresses
and will describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler
will familiarize the City of Moses Lake with these tools during project planning and make them available for
review and maintenance as applicable throughout the project. Some examples are Solution validation plan,
issue log, and go-live checklist.
STAGE 1 Project/Phase Planning
Tyler City of Moses Lake
Exhibit E
COML Council Packet 5-28-24, Page 94 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 17
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan
and Project
Operational Plan
A R I C C I
Develop Initial
Project Schedule A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables
Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule City of Moses Lake provides acceptance of
schedule based on resource availability,
project budget, and goals.
Work package assumptions:
City of Moses Lake 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 the City of Moses Lake to install License Software.
The City of Moses Lake is responsible for the installation and setup of all peripheral devices.
Objectives:
Ensure the City of Moses Lake’s infrastructure meets Tyler’s application requirements.
Ensure the City of Moses Lake’s infrastructure is scheduled to be in place and available for use on
time.
Exhibit E
COML Council Packet 5-28-24, Page 95 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 18
STAGE 1 Infrastructure Planning
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide Infrastructure
Requirements and
Design Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
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 the City of Moses Lake Project team, executives and
other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform,
engage, gain commitment, and instill confidence in the City of Moses Lake team. During the meeting, the
goals and objectives of the Project will be reviewed along with detail on Project scope, implementation
methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
Formally present and communicate the project activities and timeline.
Communicate project expectations.
STAGE 1 Stakeholder Meeting
Tyler City of Moses Lake
Exhibit E
COML Council Packet 5-28-24, Page 96 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 19
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
None
GIS Preparation
GIS data is a core part of many Tyler applications. Other City of Moses Lake offices/products may also use this
data and have different GIS requirements. A key focus of this preparation will be the process for developing
the GIS data for use with Tyler applications. This can be an iterative process, so it is important to begin
preparation early.
Objectives:
Identify all City of Moses Lake GIS data sources and formats.
Tyler to understand the City of Moses Lake’s GIS needs and practices.
Ensure the City of Moses Lake’s GIS data meets Tyler product requirements.
STAGE 1 GIS Preparation
Tyler City of Moses Lake
Exhibit E
COML Council Packet 5-28-24, Page 97 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 20
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 Initial GIS Planning
Meeting A R C C C
Determine all GIS Data
Sources I I A R C
Provide Source GIS Data I I A R C
Review GIS Data and
Provide Feedback A R C I C
Inputs GIS Requirements Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Production Ready Map Data Meets Tyler GIS Requirements.
Work package assumptions:
GIS data provided to Tyler is accurate and complete.
GIS data provided to Tyler is current.
City of Moses Lake is responsible for maintaining the GIS data.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage
acceptance.
Initiate & Plan Stage Deliverables:
Project Management Plan
Initial Project Schedule
Initiate & Plan Stage Acceptance Criteria:
All stage deliverables accepted based on acceptance criteria previously defined
Project governance defined
Project portal made available to the City of Moses Lake
Stakeholder meeting complete
GIS Data Production Ready
Completed Infrastructure Requirements and Design Document
System Passes Infrastructure Audit (as applicable)
Exhibit E
COML Council Packet 5-28-24, Page 98 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 21
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current City of Moses
Lake business processes. This information will be used to identify and define business processes utilized with
Tyler software. The City of Moses Lake collaborates with Tyler providing complete and accurate information
to Tyler staff and assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution
functionality prior to beginning the current and future state analysis. The primary goal is to establish a
foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on City of Moses Lake team knowledge
transfer such as: eLearning, documentation, or walkthroughs. The City of Moses Lake team will gain a better
understanding of the major processes and focus on data flow, the connection between configuration options
and outcome, integration, and terminology that may be unique to Tyler’s solution.
Objectives:
Provide a basic understanding of system functionality.
Prepare the City of Moses Lake for current and future state analysis.
STAGE 2 Solution Orientation
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process
changes that will be achieved with the new system.
The City of Moses Lake and Tyler will evaluate current state processes, options within the new software, pros
and cons of each based on current or desired state and make decisions about the future state configuration
and processing. This may occur before or within the same timeframe as the configuration work package. The
Exhibit E
COML Council Packet 5-28-24, Page 99 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 22
options within the new software will be limited to the scope of this implementation and will make use of
standard Tyler functionality.
The City of Moses Lake will adopt the existing Tyler solution wherever possible to avoid project schedule and
quality risk from over customization of Tyler products. It is the City of Moses Lake’s responsibility to verify
that in-scope requirements are being met throughout the implementation if functional requirements are
defined as part of the contract. The following guidelines will be followed when evaluating if a modification to
the product is required:
A reasonable business process change is available.
Functionality exists which satisfies the requirement.
Configuration of the application satisfies the requirement.
An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on
the project schedule, scope, budget, and resource availability.
STAGE 2 Current & Future State Analysis
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs City of Moses Lake 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:
Exhibit E
COML Council Packet 5-28-24, Page 100 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 23
Tyler will provide product information and recommendations for best practices to ensure that the
City understands options.
City of Moses Lake attendees possess sufficient knowledge and authority to make future state
decisions.
The City of Moses Lake is responsible for any documentation of current state business processes.
The City of Moses Lake can effectively communicate current state processes.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the
predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler
system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to
better understand the source data, risks, and options available. Once the data has been analyzed, the plan for
data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
Communicate a common understanding of the project goals with respect to data.
Ensure complete and accurate source data is available for review/transfer.
Map the data from the source to the Tyler system.
Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Extract Data from
Source Systems I C A R
Review and Scrub
Source Data I I I A R C I
Build/Update Data
Conversion Plan R C C C I I I I
Inputs City of Moses Lake Source data
City of Moses Lake Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated City of Moses Lake Acceptance of Data
Conversion Plan
Exhibit E
COML Council Packet 5-28-24, Page 101 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 24
Work package assumptions:
Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.
Tyler will work with the City of Moses Lake representatives to identify business rules before writing
the conversion.
City of Moses Lake 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
the City of Moses Lake 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.
The City of Moses Lake can access the software.
Exhibit E
COML Council Packet 5-28-24, Page 102 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 25
STAGE 3 Initial System Deployment (SaaS)*
Tyler City of Moses Lake
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 Install Licensed
Software with
Initial Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on City of
Moses Lake
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 City of Moses
Lake Devices (if applicable)
Software is accessible
Installation Checklist/System Document System meets prescribed checklist
Infrastructure Design Document
Work package assumptions:
The most current available version of the Tyler Licensed Software will be installed.
The City of Moses Lake will provide network access for Tyler modules, printers, and Internet access to
all applicable City of Moses Lake and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with the City of Moses Lake to complete software configuration based on the outputs
of the future state analysis performed during the Assess and Define Stage. The City of Moses Lake
collaborates with Tyler staff iteratively to validate software configuration.
Exhibit E
COML Council Packet 5-28-24, Page 103 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 26
Objectives:
Software is ready for validation.
Educate the City of Moses Lake Power User how to configure and maintain software.
Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users)Department Heads End Users Technical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete City of Moses
Lake configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training
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.
Solution Validation Test Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updates Solution Validation Test Plan
Standard Interfaces Configuration and Training
Documentation
Configured System
Work package assumptions:
Tyler provides guidance for configuration options available within the Tyler software. The City of
Moses Lake is responsible for making decisions when multiple options are available.
Exhibit E
COML Council Packet 5-28-24, Page 104 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 27
Process Refinement
Tyler will educate the City of Moses Lake users on how to execute processes in the system to prepare them
for the validation of the software. The City of Moses Lake collaborates with Tyler staff iteratively to validate
software configuration options to support future state.
Objectives:
Ensure that the City of Moses Lake understands future state processes and how to execute the
processes in the software.
Refine each process to meet the business requirements.
Validate standard interfaces, where applicable.
Validate forms and reports, where applicable.
STAGE 3 Process Refinement
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users)Department Heads End Users Technical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration (City
of Moses Lake
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 City of
Moses Lake-
specific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
Testing Plan
C C A R C C
Inputs Initial Configuration
Exhibit E
COML Council Packet 5-28-24, Page 105 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 28
Documentation that describes future state decisions and configuration options to support
future state decisions.
Solution Validation Test Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated Solution Validation Test Plan
Completed City of Moses Lake-specific
process documentation (completed by City
of Moses Lake)
Work package assumptions:
None
Conversion Delivery
The purpose of this task is to transition the City of Moses Lake’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 well-executed data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the City of Moses Lake will review specific data elements within the system and
identify / report discrepancies. Iteratively, Tyler will collaborate with the City of Moses Lake to address
conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source
system(s) to the Tyler system(s). Reference Conversion Appendix for additional detail.
Objectives:
Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler City of Moses Lake
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
COML Council Packet 5-28-24, Page 106 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 29
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users)Department Heads End Users Technical Leads Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
reconcile to
source system
C C C A R C C
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated
Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for
final pass
Work package assumptions:
The City of Moses Lake will provide a single file layout per source system as identified in the
investment summary.
The City of Moses Lake subject matter experts and resources most familiar with the current data will
be involved in the data conversion effort.
The City of Moses Lake project team will be responsible for completing the code mapping activity,
with assistance from Tyler.
Exhibit E
COML Council Packet 5-28-24, Page 107 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 30
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage
Acceptance.
Prepare Solution Stage Deliverables:
Licensed software is installed.
Installation checklist/system document.
Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Software is configured.
Solution validation test plan has been reviewed and updated if needed.
Production Readiness
Activities in the Production Readiness stage will prepare the City of Moses Lake team for go-live through
solution validation, the development of a detailed go-live plan and end user training. A readiness assessment
will be conducted with the City of Moses Lake to review the status of the project and the organizations
readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that the City of Moses Lake verifies all
aspects of the Project (hardware, configuration, business processes, etc.) are functioning properly, and
validates that all features and functions per the contract have been deployed for system use.
Objectives:
Validate that the solution performs as indicated in the solution validation plan.
Ensure the City of Moses Lake organization is ready to move forward with go-live and training (if
applicable).
STAGE 4 Solution Validation
Tyler City of Moses Lake
Exhibit E
COML Council Packet 5-28-24, Page 108 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 31
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 C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required follow-
up on issues A R C C C C
Inputs Solution Validation Plan
Tyler-provided Test Scripts
Completed work product from prior stages (configuration, business process, etc.)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report City of Moses Lake updates report with testing
results
Updated Test Scripts
Work package assumptions:
Designated testing environment has been established.
Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and the City of Moses Lake will ensure that all requirements defined in Project planning have been
completed and the Go-Live event can occur, as planned. A go-live readiness assessment will be completed
identifying risks or actions items to be addressed to ensure the City of Moses Lake has considered its ability to
successfully Go-Live. Issues and concerns will be discussed, and mitigation options documented. Tyler and the
City of Moses Lake 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.
Exhibit E
COML Council Packet 5-28-24, Page 109 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 32
STAGE 4 Go-Live Readiness
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users)Department Heads End Users Technical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated go-live checklist Updated Action plan and Checklist for go-live
delivered to the City of Moses Lake
Work package assumptions:
None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously
reviewed and approved, the Project team will organize and initiate the training activities.
Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City of
Moses Lake users who attended the Tyler sessions may train additional users. Additional Tyler led sessions
may be contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s
responsibility to develop City of Moses Lake specific business process documentation. City of Moses Lake-led
training labs using City of Moses Lake specific business process documentation if created by the City of Moses
Lake can be added to the regular training curriculum, enhancing the training experiences of the end users.
Exhibit E
COML Council Packet 5-28-24, Page 110 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 33
Objectives:
End users are trained on how to use the software prior to go-live.
The City of Moses Lake is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users)Department Heads End Users Technical Leads Update training plan A R C C I C
End User training (Tyler-
led – if contracted) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (City of
Moses Lake-led) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training City of Moses Lake signoff that training was
delivered
Work package assumptions:
The City of Moses Lake project team will work with Tyler to jointly develop a training curriculum that
identifies the size, makeup, and subject-area of each of the training classes.
Tyler will work with the City of Moses Lake as much as possible to provide end-user training in a
manner that minimizes the impact to the daily operations of City of Moses Lake departments.
The City of Moses Lake 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.
Exhibit E
COML Council Packet 5-28-24, Page 111 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 34
Update go-live action plan and/or checklist.
End user training.
Production Readiness stage acceptance criteria:
All stage deliverables accepted based on criteria previously defined.
Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational
use as of the scheduled date. Tyler and the City of Moses Lake 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 go-live, Tyler will work with the City of Moses Lake to verify that implementation work is concluded,
post go-live activities are scheduled, and the transition to Client Services is complete for long-term operations
and maintenance of the Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, the City of Moses Lake and
Tyler will complete work assigned to prepare for Go-Live.
The City of Moses Lake provides final data extract and Reports from the Legacy System for data conversion
and Tyler executes final conversion iteration, if applicable. If defined in the action plan, the City of Moses Lake
manually enters any data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with the City of Moses Lake during Go-Live activities. The City of Moses Lake
transitions to Tyler software for day-to-day business processing.
Some training topics are better addressed following Go-Live when additional data is available in the system or
based on timing of applicable business processes and will be scheduled following Go-Live per the Project
Schedule.
Objectives:
Execute day-to-day processing in Tyler software.
City of Moses Lake data available in Production environment.
STAGE 5 Go-Live
Tyler City of Moses Lake
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
COML Council Packet 5-28-24, Page 112 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 35
Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment City of Moses Lake confirms data is available in
production environment
Work package assumptions:
The City of Moses Lake 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 Go-
Live live process.
The City of Moses Lake business processes required for Go-Live are fully documented and tested.
The City of Moses Lake Project team and subject matter experts are the primary point of contact for
the end users when reporting issues during Go-Live.
The City of Moses Lake 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 the City of Moses Lake onto the Tyler Client Services team, who provides the City of Moses Lake with
assistance following Go-Live, officially transitioning the City of Moses Lake to operations and maintenance.
Objectives:
Ensure no critical issues remain for the project teams to resolve.
Confirm proper knowledge transfer to the City of Moses Lake teams for key processes and subject
areas.
STAGE 5 Transition to Client Services
Tyler City of Moses Lake
Exhibit E
COML Council Packet 5-28-24, Page 113 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 36
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Transfer City of Moses
Lake to Client Services
and review issue
reporting and resolution
processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
Work package assumptions:
No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the
requirement of actual production data to complete the activities, or the requirement of the system being
used in a live production state.
Objectives:
Schedule activities that are planned for after Go-Live.
Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler City of Moses Lake
Exhibit E
COML Council Packet 5-28-24, Page 114 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 37
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance.
Converted data is available in production environment.
Production Stage Acceptance Criteria:
All stage deliverables accepted based on criteria previously defined.
Go-Live activities defined in the Go-Live action plan completed.
Client services support document is provided.
Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or
Project. The City of Moses Lake transitions to the next cycle of their relationship with Tyler (next Phase of
implementation or long-term relationship with Tyler Client Services).
Exhibit E
COML Council Packet 5-28-24, Page 115 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 38
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for
the Phase. The Tyler Client Services team will assume ongoing support of the City of Moses Lake for systems
implemented in the Phase.
Objectives:
Agreement from Tyler and the City of Moses Lake teams that activities within this phase are
complete.
STAGE 6 Phase Close Out
Tyler City of Moses Lake
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 phase-
dependent Tyler project
resources
A R I I
Participants Tyler City of Moses Lake
Project Leadership Project Manager
Project Manager Project Sponsor(s)
Implementation Consultants Functional Leads, Power Users,
Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Exhibit E
COML Council Packet 5-28-24, Page 116 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 39
Work package assumptions:
Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time the City of Moses Lake may choose to begin working with Client Services to look at continuous
improvement Projects, building on the completed solution.
Objectives:
Confirm no critical issues remain for the project teams to resolve.
Determine proper knowledge transfer to the City of Moses Lake teams for key processes and subject
areas has occurred.
Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler City of Moses Lake
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct post project
review A R C C C C C C C C C
Deliver post project
report to City of Moses
Lake and Tyler
leadership
I A R I I C
Release Tyler project
resources A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Post Project Report City of Moses Lake acceptance; Completed
report indicating all project Deliverables and
milestones have been completed
Work package assumptions:
Exhibit E
COML Council Packet 5-28-24, Page 117 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 40
All project implementation activities have been completed and approved.
No critical project issues remain that have not been documented and assigned.
Final project budget has been reconciled and invoiced.
All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
Post Project Report.
Close Stage Acceptance Criteria:
Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and the City of Moses Lake will use this SOW as a guide for managing the implementation of the Tyler
Project as provided and described in the Agreement. There are a few assumptions which, when
acknowledged and adhered to, will support a successful implementation. Assumptions related to specific
work packages are documented throughout the SOW. Included here are general assumptions which should
be considered throughout the overall implementation process.
Project
Project activities will begin after the Agreement has been fully executed.
The City of Moses Lake Project Team will complete their necessary assignments in a mutually agreed
upon timeframe to meet the scheduled go-live date, as outlined in the Project Schedule.
Sessions will be scheduled and conducted at a mutually agreeable time.
Additional services, software modules and modifications not described in the SOW or Agreement will
be considered a change to this Project and will require a Change Request Form as previously
referenced in the definition of the Change Control Process.
Tyler will provide a written agenda and notice of any prerequisites to the City of Moses Lake project
manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any
scheduled on-site or remote sessions, as applicable.
Tyler will provide guidance for configuration and processing options available within the Tyler
software. If multiple options are presented by Tyler, the City of Moses Lake is responsible for making
decisions based on the options available.
Implementation of new software may require changes to existing processes, both business and
technical, requiring the City of Moses Lake to make process changes.
The City of Moses Lake is responsible for defining, documenting, and implementing their policies that
result from any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, City of Moses Lake is responsible for managing Organizational Change.
Impacted City of Moses Lake 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
Exhibit E
COML Council Packet 5-28-24, Page 118 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 41
change is ensuring that impacted City of Moses Lake resources understand the value of the change, and why
they are being asked to change.
Resources and Scheduling
City of Moses Lake resources will participate in scheduled activities as assigned in the Project
Schedule.
The City of Moses Lake team will complete prerequisites prior to applicable scheduled activities.
Failure to do so may affect the schedule.
Tyler and the City of Moses Lake will provide resources to support the efforts to complete the Project
as scheduled and within the constraints of the Project budget.
Abbreviated timelines and overlapped Phases require sufficient resources to complete all required
work as scheduled.
Changes to the Project Schedule, availability of resources or changes in Scope will be requested
through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be
assessed and documented as part of the change control process.
The City of Moses Lake will ensure assigned resources will follow the change control process and
possess the required business knowledge to complete their assigned tasks successfully. Should there
be a change in resources, the replacement resource should have a comparable level of availability,
change control process buy-in, and knowledge.
The City expects that Tyler’s resources be experts in the Tyler Software Products, SaaS Service, and
professional services to be provided.
The City has the right to have any Tyler resource removed from the Project for any reason that
negatively impacts the City’s personnel or Project.
The City has the right to expect that any Tyler resource replacement be highly competent with
significant Tyler Solution implementation experience for the area(s) in which they are responsible. To
be clear, all assigned Tyler resources providing functional and technical consulting services must have
specifically worked in the same capacity for a similar client for the specific Tyler Product(s) being
implemented by the City.
Tyler shall incur all costs associated with the removal and replacement of Tyler resources, regardless
of the reason for the project exit.
The City of Moses Lake makes timely Project related decisions to achieve scheduled due dates on
tasks and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each
analysis and implementation session is dependent on the decisions made in prior sessions.
The City of Moses Lake will respond to information requests in a comprehensive and timely manner,
in accordance with the Project Schedule.
The City of Moses Lake will provide adequate meeting space or facilities, including appropriate
system connectivity, to the project teams including Tyler team members.
For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the
employee.
Data
Data will be converted as provided and Tyler will not create data that does not exist.
The City of Moses Lake is responsible for the quality of legacy data and for cleaning or scrubbing
erroneous legacy data.
Tyler will work closely with the City of Moses Lake representatives to identify business rules before
writing the conversion. The City of Moses Lake must confirm that all known data mapping from
source to target have been identified and documented before Tyler writes the conversion.
Exhibit E
COML Council Packet 5-28-24, Page 119 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 42
All in-scope source data is in data extract(s).
Each legacy system data file submitted for conversion includes all associated records in a single
approved file layout.
The City of Moses Lake will provide the legacy system data extract in the same format for each
iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the
schedule, budget and resource availability may occur and/or data in the new system may be
incorrect.
The City of Moses Lake Project Team is responsible for reviewing the converted data and reporting
issues during each iteration, with assistance from Tyler.
The City of Moses Lake is responsible for providing or entering test data (e.g., data for training,
testing interfaces, etc.)
Facilities
The City of Moses Lake will provide dedicated space for Tyler staff to work with City of Moses Lake
resources for both on-site and remote sessions. If Phases overlap, City of Moses Lake will provide
multiple training facilities to allow for independent sessions scheduling without conflict.
The City of Moses Lake will provide staff with a location to practice what they have learned without
distraction.
Exhibit E
COML Council Packet 5-28-24, Page 120 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 43
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
COML Council Packet 5-28-24, Page 121 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 44
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
COML Council Packet 5-28-24, Page 122 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 45
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 (off-
the-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
COML Council Packet 5-28-24, Page 123 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 46
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
COML Council Packet 5-28-24, Page 124 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 47
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 5 years
Project Accounting – Budget
Original project ledger budget amounts. If linking to GL, must be converted at the same time.
Up to 5 years
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), e-
address, 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.
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.
Personnel Action History
A variety of Personnel actions, such as job or salary changes and dates these events occurred.
Up to 5 years
Exhibit E
COML Council Packet 5-28-24, Page 125 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 48
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
Utility Billing
Account Information
Account Master data including previous and current customer owner information- address info,
phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city,
state, zip, book number, read sequence, account start and end date, EFT bank information
Services
Current service codes, service status, type, factor, condo units, bill cycle codes, current deposits held
on account including unpaid deposit amounts, winter usage, current meter(s) associated with service,
meter readings (current and previous), meter usage (current and previous) and sales tax information.
Assessments
Assessments are improvement costs that are spread across to property owner
Utility Billing conversion (balance forward AR) must also be purchased in order to convert
assessments
Consumption History
History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes
Up to 5 years
Exhibit E
COML Council Packet 5-28-24, Page 126 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 49
Balance Forward AR
Account balance forward information converted as total amount due. If the client’s business practices
require current due and past due bills this can be broken into three balance forward bills (current
balance due and up to two past due balance bills). These can be converted to one balance forward
charge code or separate balance forward charge codes, and converted to the account/customer, if
the client’s legacy data contains this information.
If late penalties will be applied in Enterprise ERP after the conversion, balance forward amounts must
be converted by charge code
Work Orders
Work Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a
meter due to high reading
Backflow
Account information, backflow device information, backflow type, and backflow violations
Budget Billing
Converts information for budget average billing by account, customer and service. Legacy data must
include: calculated budget amount by service; number of periods remaining until plan renews;
budget plan balance/credit amount, broken out by service/customer; additional amortized amount by
service.
Flat Inventory/Containers
Inventory for non-metered items tied to recurring service billing – flat rate is tied to inventory
item(s)/item type(s) (vs consumption/usage). Trash/recycling containers, dumpsters, roll off
containers, light poles, cable/internet equipment.
Exhibit E
COML Council Packet 5-28-24, Page 127 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 50
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. 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.
Exhibit E
COML Council Packet 5-28-24, Page 128 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 51
Integrations
Tyler solutions offer a variety of methods of interfacing with external third-party systems, including file-based import
and exports and real-time web service integration through plug-and-play App Connectors, and optional API Toolkits
and Connectors. Tyler Integrated Solutions Tyler’s family of ERP and Civic solutions provide robust, native integration,
eliminating the need to manage third-party interfaces and integrations entirely. This includes Enterprise Permitting &
Licensing, Enterprise ERP, Enterprise Asset Management, Cashiering and Payments for point-of-sale and online
payment processing, Content Manager’s streamlined access to records and documents, and Enterprise Service Request
Access to manage non-emergency inquiries, incident reporting, complaints, and service requests. File-based
integration Multiple file-based interfaces are included, and all are integrated as part of the application, designed for
end users. Unlike systems that require a database administrator to import or export data with their system, users can
easily import or export data through point-and-click user interface. User-defined templates specify the data layout for a
specific system, so users can quickly choose the appropriate template at the time of import/export. Templates for
commonly used third-party systems are also included out of the box. File-based interfaces can be scheduled for one-
time or recurring, automated processing. Imports can be configured with Workflow to send automated notifications or
approval requests before the data updates a record. Workflow business rules can be set on a variety of data conditions
specific to the imported data. This includes if data causes an account to go over budget, is over a certain dollar amount,
or is related to a specific segment of your general ledger. Only after all workflow rules have been approved does the
import update production data. Depending on the process, imports can also be rejected at the item or file level;
rejected imports can be resubmitted at any time. Productivity Software Support Application data can be downloaded
to a variety of formats including PDF, XLS, DOC, XML, and CSV. Any productivity suite capable of opening these file
types can be used, such as Microsoft Office and Google Workspace. Data can also be uploaded to the system.
in these formats through the integrated import applications. Most output include hyperlinks to the corresponding.
application record for easy access. Most output can also be automatically archived to Content Manager for
quick retrieval at any time. Some applications also include mail merge support, allowing users to easily create and
maintain form templates for completely customized presentation of application data. Any SMTP/IMAP server can be
used to send email.
‘Plug-and-Play’ Application Support
Plug-and-play application support provides out-of-the-box integrations for a variety of third-party applications through
pre-packaged web services. Tyler develops and maintains these integrations, requiring no development expertise from
the client to configure.
API Catalog (Optional)
Optional API (Application Programming Interface) Toolkits and API Connectors add value to your organization by
enabling you to create your own integrations to share data between Tyler and non-Tyler applications.
API Toolkits contain all exposed resources (or endpoints) available in a specific Tyler application module such as
Enterprise ERP Accounting (General Ledger), Accounts Receivable, or Enterprise Asset Management. API Connectors
contain a subset or cross-section of API Toolkit resources with the purpose of facilitating a specific type of integration
such as third-party cashiering, IVR, or applicant tracking systems.
The API Developer Portal is a powerful RESTful API gateway that makes accessing Tyler application data and processes
through Toolkits and Connectors easy and intuitive. The Portal conforms to OpenAPI 3.0 and is secured with OAuth 2.0
through Tyler Identity. API resources include example calls and produce properly formatted commands, allowing you to
easily exercise them against your data.
The API Developer Portal features include:
• Simplified, structured API documentation
• Industry standard OpenAPI 3.0 interface
Exhibit E
COML Council Packet 5-28-24, Page 129 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 52
• Authentication using OAuth 2.0 standard, offering multiple login flows to suit different app implementation
scenarios.
• Data models and examples for each resource
• Produces HTTP URI and CURL commands to exercise resources from within the documentation and return
data
• Real-time validation
• Standard HTTP status codes
• Documentation to aid in identifying and understanding normal resources used to complete a given
integration.
Integration Strategy
Cityworks AMS (Enterprise Asset Management) understanding - Supported assuming leveraging of applicable
APIs (optional) offered with the Enterprise ERP API Toolkit Bundle (optional); various import/export features
are also available.
Cityworks PLL (Permitting) - Supported assuming leveraging of applicable APIs (optional) offered with the
Enterprise ERP API Toolkit Bundle (optional); various import/export features are also available.
ActiveNet (Parks and Recreation) - Supported assuming leveraging of applicable APIs (optional) offered with
the Enterprise ERP API Toolkit Bundle (optional); various import/export features are also available.
Laserfiche (Document Management – integrate or replace) - Replace – Tyler’s Enterprise ERP and Asset
Management solutions do not include direct integration with third-party Enterprise Content Management
(ECM) solutions. Tyler has proposed Content Manager, an integrated content management solution, to
electronically capture, manage, and retrieve all documents related to Tyler applications. Content Manager
includes a document extract utility to automate document and metadata export to a file system that clients
can use to import to a separate third-party ECM solution. Retrieval of content stored in third-party ECM
solutions directly from Enterprise ERP and Asset Management applications is not supported. Tyler
recommends using the fully integrated Content Manager solution that was built into the Enterprise ERP and
Asset Management solutions. Anything generated out of Enterprise ERP and Asset Management is
automatically stored and indexed back to the corresponding records without any user intervention.
Keldair (Recruiting - integrate or replace) - Replace or integrate – Please refer to Enterprise ERP Recruiting
Product Overview for additional information. Integration supported via leveraging of applicable APIs (optional)
offered with the Enterprise ERP API Toolkit Bundle (optional).
InvoiceCloud (Payment Processing) - Supported assuming leveraging of applicable APIs (optional) offered with
the Enterprise ERP API Toolkit Bundle (optional); otherwise, payment information could be imported assuming
use of compatible import formats.
Databar (Utility Bill Preparation) - Supported assuming this is a bill print vendor and that the vendor can either
consume the standard Tyler XML bill print data export format or receive a file of PDFs downloaded from
Enterprise Forms and provided to the vendor. If this integration serves another purpose, more information is
needed.
Itron (Meter Reading) - Various Itron import/export formats are supported.
Beacon (Meter Reading) - Various Badger import/export formats are supported.
CrewSense (Scheduling) - Can import time information, but Tyler does not currently have an integration with
CrewSense for scheduling. Could potentially replace with Tyler’s Time & Attendance and Advanced Scheduling
solutions.
CivicPlus (Web Information) - Reports and information could be exported and uploaded to CivicPlus, but there
is no direct integration. Tyler also provides Open Data Platform which could potentially replace if desired.
FMLA Management (Future) - FMLA is supported with Enterprise ERP Human Capital Management. If an
interface with a third-party solution is needed, then it would be supported assuming use of compatible export
formats.
Microsoft Office 365 (Office Suite) - Tyler applications include the ability to export data to Microsoft Word
(.docx) and Microsoft Excel (.xlsx) formats and input data from several formats including Excel (.xls, .xlsx) and
comma separated value (.csv) file formats. Any application capable of opening these file types can be used,
Exhibit E
COML Council Packet 5-28-24, Page 130 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 53
such as Google Docs and Sheets. Any SMTP/IMAP server can be used for email relaying, such as Microsoft
Exchange and Gmail. Microsoft Office desktop client is required for the following advanced functionality:
o One of many reporting resources included with Enterprise ERP are OLAP cubes. Microsoft Excel
desktop client for Microsoft Windows is required to create connections to and view cube reports.
o One of several output formats supported with Enterprise ERP is to use Word mail-merge templates.
Microsoft Word desktop client is required to maintain mail-merge templates. Any applicable capable
of opening Microsoft Word file formats (.doc, .docx), such as Google Docs, can view mail-merge
output.
Mobile devices; Apple compatible. - Tyler provides web-based platform agnostic solutions, offering end-users
with on-the-go access from virtually anywhere. Responsive web applications automatically orient screen
layout for optimal user experience, whether accessed from a desktop monitor or mobile device. Tyler also
offers a variety of native mobile apps to better leverage device resources such as GPS or camera; and
integrated store-and-forward functionality allow using apps without a data connection and automatically
syncs when back online. Many back-office browser applications are accessible from mobile devices as well,
including some optimized for touch, providing near identical functionality regardless of the platform or device
used. Tyler continues to develop new apps available on iOS and Android devices to meet evolving needs.
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
Exhibit E
COML Council Packet 5-28-24, Page 131 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 54
1 Financials
Accounting
Accounts Payable
Budgeting
Capital Assets
Cash Management
Contract Management
eProcurement (Vendor Access &
Punch-Out)
Project & Grant Accounting
Purchasing
Accounts Receivable
Cashiering
General Billing
Jan 2024
or as
defined in
the Project
Plan and
mutually
agreed upon
Timeline is
based upon
the COA
being in
place within
six weeks of
project
start.
Oct 2024
or as defined
in the Project
Plan and
mutually
agreed upon
System
Wide/Other
Enterprise Analytics & Reporting w
Executive Insights
Enterprise Forms
Content Manager Core includes
Onboarding
Notify
Enterprise ERP Payments – General
Billing
Utility Billing Payments
2 Human Resources
Management
Payroll with Employee Access
Human Resources & Talent
Management
Recruiting
Time & Attendance w/Mobile Access
April 2024
or as
defined in
the Project
Plan and
mutually
agreed upon
April 2025
or as defined
in the Project
Plan and
mutually
agreed upon
Exhibit E
COML Council Packet 5-28-24, Page 132 of 166
City of Moses Lale
Tyler Technologies, Inc. Page | 55
3 Utility Billing Utility Billing CIS including Graphing
Agent
Utility Billing Meter Interface
Accounts Receivable
Cashiering
Resident Access
GIS
July 2024
or as
defined in
the Project
Plan and
mutually
agreed upon
July 2025
or as defined
in the Project
Plan and
mutually
agreed upon
Exhibit E
COML Council Packet 5-28-24, Page 133 of 166
Exhibit F
Exhibit F
Data & Insights SaaS Services Terms of Service
This Data & Insights SaaS Services Terms of Services governs your use of the following solutions:
Assessment Connect
Open Assessment
Enterprise Permitting & Licensing Business Management Feeds
Enterprise Permitting & Licensing Community Development Feeds
Data & Insights- Enterprise Permitting & Licensing Executive Insights (Comm Dev)
Data & Insights Citizen Connect
Economic Intelligence
Enterprise ERP Analytics & Reporting w Executive Insights
Data & Insights Capital Project Explorer
Data & Insights Citizen Connect
Data & Insights Open Data
Data & Insights Open Finance
Economic Intelligence
Executive Insights, ERP
Court Insights
eFile Insights
Probation/Pre-Trial Insights
Open Finance
Executive Insights (Future)
Economic Intelligence
Law Enforcement Explorer
Citizen Connect
Law Enforcement Analytics
Performance Dashboards
WHEREAS, Tyler has designed, developed, purchased or configured certain computer software systems
which Tyler has designated as Data & Insights SaaS Services and has used such software in support of
commercial and government programs; and
WHEREAS, Client desires to acquire from Tyler and Tyler wishes to grant to Client a non-exclusive license
COML Council Packet 5-28-24, Page 134 of 166
Exhibit F
to use the Data & Insights SaaS Services as further defined, permitted, conditioned, and restricted
below.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which is acknowledged, and in consideration of covenants and obligations
hereinafter set forth, the Parties agree to be bound by the terms and conditions as follows:
These Data & Insights SaaS Services Terms of Service govern the use and license rights associated with
the Data & Insights SaaS Services. The parties are referred to herein individually as Party or collectively
as Parties. Capitalized terms used in these Data & Insights SaaS Services Terms of Service but not
defined herein are defined in the Base Agreement or other agreement with us governing your use of the
Tyler software and services.
SECTION A – DEFINITIONS
“Base Agreement” means the agreement executed by you and Tyler to which you are
adding Data & Insights SaaS Services through signature upon an Order Form. For the
avoidance of doubt, a Base Agreement is not an agreement signed by an entity Tyler
acquired.
“API” means application-programming interface.
“Client Data” means data, datasets, files, information, content and links uploaded or
provided by Client through the use of the Data & Insights SaaS Services but excluding
Third-Party Services.
“Confidential Information” means nonpublic information that a reasonable person
would believe to be confidential and includes, without limitation, personal identifying
information (e.g., Social Security numbers) and trade secrets, each as defined by
applicable state law.
“Dataset” means physical collection of information, typically modeled as a table of rows
and columns of data.
“Data Storage” means the contracted amount of storage capacity for your Client Data.
“Effective Date” means the date subscription start date identified in the Order Form or
Purchase Order.
“External API Calls” means any request made by a user that is not logged in against a
SaaS Service.
“Monthly Active Users” or “Users” used interchangeably, means a user that is logged in
and accesses the Data & Insights SaaS Services.
“Order Form” or “Purchase Order” means an ordering document, referencing or
including a Quote or Investment Summary, specifying the Data & Insights SaaS Services
and any Professional Services to be provided hereunder that is entered into between
Client and Tyler, including any addenda and supplements thereto.
"Quote" or “Investment Summary” means an estimate provided by Tyler for the SaaS
Services or Professional Services.
“Data & Insights SaaS Services” means the Data & Insights off the shelf, cloud-based
software service and related services, including support services, as specified under this
Data & Insights SaaS Services Terms of Service. Data & Insights SaaS Services do not
include support of an operating system or hardware, support outside of our normal
business hours, or training, consulting, or other professional services.
COML Council Packet 5-28-24, Page 135 of 166
Exhibit F
“Data & Insights Agreement” means this Data & Insights SaaS Services Terms of Service
and any special conditions agreed to by the Parties and included in the Order Form.
“Third-Party Data” means an aggregated dataset solution by a third-party data provider
and shall be treated as Confidential Information.
“Third-Party Data Purpose” means to use the Third-Party Data alone or in conjunction
with other intelligence, data, or logic for internal modeling, targeting, measurement,
and internal reporting solely for the benefit of the Client.
“Third-Party Services” means if any, third-party web-based services, content, or
platforms, including but not limited to third party stock photos and third-party map
location services, which are available at no additional charge to you through the Data &
Insights SaaS Services.
“Updates” means any enhancements, additions, new releases, bug fixes, patches,
modifications or other error corrections of or to the SaaS Software or Third-Party Data
licensed to Client that Tyler generally makes available free of charge to licensees of the
solutions.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
SECTION B – DATA & INSIGHTS SAAS SERVICES
1. Rights Granted. As of the Effective Date, Tyler grants to Client the non-exclusive, non-assignable
limited right to use the SaaS Services on a subscription basis according to the terms of the Base
Agreement and this Data & Insights Agreement. The SaaS Services will be made available to Client
according to the terms of the applicable Service Level Agreement. Client may use the SaaS Services
to access Updates and enhancements to the SaaS Services, as described in herein. Unless otherwise
terminated, Client’s right to access or use the SaaS Services will terminate at the end of the
subscription period defined in the Order Form or Base Agreement, as applicable.
2. SaaS Fees and Usage Limits. Client agrees to pay the fees identified in the Order Form in accordance
with Tyler’s Invoicing and Payment Policy. Client acknowledges that continued access to the Data &
Insights SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay
the SaaS Fees, we may discontinue your access to the Data & Insights SaaS Services. We may also
terminate this Data & Insights Agreement if you don’t cure such failure to pay within forty-five (45)
days of receiving written notice of our intent to terminate. During the subscription period, Tyler
reserves the right to exercise the usage limits set forth in the Order Form. If Client exceeds the
contractual usage limits, Tyler may work with Client to seek to reduce Client’s usage so that it
conforms to that limit. If Client is unable or unwilling to abide by a contractual usage limit, or if
Client wishes to increase usage limits, it will require a written contract amendment, modification, or
Client will execute an Order Form for increased usage limits.
3. Ownership and Reservation of Rights.
a. This Data & Insights Agreement does not provide Client with title or ownership of the Data &
Insights SaaS Services, or Third-Party Data, but only a right of limited use as further delineated
herein. The SaaS Services, other services, workflow processes, user interface, designs, and other
technologies provided by Tyler pursuant to this Data & Insights Agreement are the proprietary
property of Tyler and its licensors. All right, title and interest in and to such items, including all
associated intellectual property rights, remain only with Tyler. Tyler reserves all rights unless
otherwise expressly granted in this Data & Insights Agreement. Client may not remove or modify
COML Council Packet 5-28-24, Page 136 of 166
Exhibit F
any proprietary marking or restrictive legends from items or services provided under this
Agreement. Third-Party Data vendors also retain ownership, title and all rights and interest,
including, without limitation, Intellectual Property Rights in and to their own respective
software, data, and documentation.
b. When Client uploads or provides Client Data through the use of the Data & Insights SaaS
Services, Client grants to Tyler a non-exclusive, worldwide, royalty-free, sub-licensable, and
transferable license during the subscription period to use, reproduce, publicly display, distribute,
modify, create derivative works of, index, and translate the Client Data as needed in response
to, and as directed by, a User’s use of the Data & Insights SaaS Services and as needed for the
compliance of this Data & Insights Agreement and for the purpose of providing analytics to a
User.
c. Tyler may access and develop derivative data assets and insights based on combined,
aggregated, anonymized views of Client Data, that Client has not made publicly available, for the
purposes of providing new features and functionality, and performing aggregated statistical
analysis by providing benchmarks and models.
d. Client retains all ownership and intellectual property rights to the Client Data. Client expressly
recognizes that except to the extent necessary to carry out our obligations contained in this
Data & Insights Agreement, Tyler does not create or endorse any data used in connection with
the Data & Insights SaaS Services.
e. If Client provides feedback, information, and/or or suggestions about the Data & Insights SaaS
Services, or any other services provided hereunder, then Tyler (and those it allows to use its
technology) may use such feedback, information, and/or suggestions under a royalty-free, paid-
up, and irrevocable license without obligation to Client.
4. Restrictions.
a. You may not: (a) except as explicitly provided for herein, make the Data & Insights SaaS Services
or Documentation resulting from the Data & Insights SaaS Services available in any manner to
any third party for use in the third party’s business operations; (b) modify, make derivative
works of, disassemble, reverse compile, or reverse engineer any part of the Data & Insights SaaS
Services; (c) access or use the Data & Insights SaaS Services in order to build or support, and/or
assist a third party in building or supporting, products or services competitive to us; (d) license,
sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit
timesharing or service bureau use, or otherwise commercially exploit or make the Data &
Insights SaaS Services or Documentation available to any third party other than as expressly
permitted by this Data & Insights Agreement; (e) use the Data & Insights SaaS Services to store
or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable,
unlawful or tortious material, or to store or transmit material in violation of third party rights; (f)
interfere with or disrupt the integrity or performance of the Data & Insights SaaS Services
(including without limitation, vulnerability scanning, penetration testing or other manual or
automated simulations of adversarial actions, without Tyler’s prior written consent); or (g)
attempt to gain unauthorized access to the Data & Insights SaaS Services or its related systems
or networks.
b. Client acknowledges and understands that the Data & Insights SaaS Services are not designed to
serve as the system of record and shall not be used in a manner where the interruption of the
Data & Insights SaaS Services could cause personal injury (including death) or property damage.
The Data & Insights SaaS Services are not designed to process or store data protected under the
Family Education Rights and Privacy Act (“FERPA”), data from Criminal Justice Information
Services (“CJIS”), or other sensitive data, and by using the Data & Insights SaaS Services, Client
COML Council Packet 5-28-24, Page 137 of 166
Exhibit F
acknowledges and agrees that Client is using the Data & Insights SaaS Services at Client’s own
risk and that Client is solely responsible for use of data with the Data & Insights SaaS Services in
any manner that is contrary to the uses for which the Data & Insights SaaS Services are designed
and offered for use in this Agreement. If Client intends to use the Data & Insights SaaS Services
to store or transmit Protected Health Information (PHI), then the Parties will scope the
additional usage and it will require a written contract amendment and will include a mutually
agreeable Business Associate Agreement.
c. Although we have no obligation to screen, edit or monitor the Client Data or Public User content
posted on Data & Insights SaaS Services, if, in our reasonable judgment, we discover your use of
the Data & Insights SaaS Services threatens the security, integrity, stability, or availability of the
Data & Insights SaaS Services, or is otherwise in violation of this Data & Insights Agreement, we
may temporarily suspend the Data & Insights SaaS Services, or User access thereto. Unless
Client has conducted penetration testing or unscheduled performance testing, Tyler will use
commercially reasonable efforts to provide Client with notice and an opportunity to remedy
such violation or threat prior to such suspension. Any penetration testing or unscheduled
performance testing conducted by Client will result in immediate suspension of the Data &
Insights SaaS Services.
5. Access and Usage by Internal Client Users and Contractors. You may allow your internal users and
third party contractors to access the Data & Insights SaaS Services and any technical or policy
controls, in compliance with the terms of this Data & Insights Agreement, which access must be for
your sole benefit. You are responsible for the compliance with this Data & Insights Agreement by
your internal users and contractors.
6. Your Responsibilities. Client (a) must keep its passwords secure and confidential; (b) is solely
responsible for all activity occurring under its account; (c) must use commercially reasonable efforts
to prevent unauthorized access to its account and notify Tyler promptly of any such unauthorized
access; (d) may use the Data & Insights SaaS Services only in accordance with the Documentation;
and (e) shall comply with all federal, state and local laws, regulations and policies of Client, as to its
use of the Data & Insights SaaS Services, Client Data, and instructions to Tyler regarding the same.
7. Client Data Backup. The data on the Data & Insights Platform is a copy of Client Data. Any laws and
regulations governing Client for retention of Client Data remains Client’s responsibility. CLIENT IS
SOLELY RESPONSIBLE FOR BACKING UP CLIENT DATA unless otherwise specially agreed in writing
between Tyler and Client in the Tyler hosting Agreement.
8. Return of Client Data. Upon request, Tyler will make the Data & Insights SaaS Services available to
Client to export Client Data for a period of sixty (60) days following the termination of this Data &
Insights Agreement. After such sixty (60) day period has expired, we have no obligation to maintain
Client Data and may destroy the Client Data.
9. Data Security Measures. In order to protect your Confidential Information, we will: (a) implement
and maintain all reasonable security measures appropriate to the nature of the Confidential
Information including without limitation, technical, physical, administrative and organizational
controls, and will maintain the confidentiality, security and integrity of such Confidential
Information; (b) implement and maintain industry standard systems and procedures for detecting,
mitigating, and responding to attacks, intrusions, or other systems failures and regularly test or
otherwise monitor the effectiveness of the safeguards' key controls, systems, and procedures; (c)
COML Council Packet 5-28-24, Page 138 of 166
Exhibit F
designate an employee or employees to coordinate implementation and maintenance of its Security
Measures (as defined below); and (d) identify reasonably foreseeable internal and external risks to
the security, availability, confidentiality, and integrity of Confidential Information that could result in
the unauthorized disclosure, misuse, alteration, destruction or other compromise of such
information, and assess the sufficiency of any safeguards in place to control these risks (collectively,
Security Measures). Client acknowledges and agrees that Tyler’s obligations with respect to Security
Measures is subject to Client Restrictions herein.
10. Notice of Data Breach. If Tyler knows that Confidential Information has been accessed, disclosed, or
acquired without proper authorization and contrary to the terms of this Data & Insights Agreement,
we will alert Client of any such data breach in accordance with applicable law, and take such actions
as may be necessary to preserve forensic evidence and return the Data & Insights SaaS Services to
standard operability. If so required, Tyler will provide notice in accordance with applicable federal or
State data breach notification laws.
11. Confidentiality. In the absence of a corresponding provision in the Base Agreement, the following
provision shall apply:
Each party agrees that it will not disclose any Confidential Information of the other party and further
agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or
agents. The confidentiality covenants contained herein will survive the termination or cancellation
of this Data & Insights Agreement. This obligation of confidentiality will not apply to information
that:
a. is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Data & Insights Agreement by a party or its employees or agents;
b. a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
c. a party receives from a third party who has a right to disclose it to the receiving party; or
d. is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Data & Insights Agreement; provided,
however, that in the event you receive an open records or other similar applicable request,
you will give us prompt notice and otherwise perform the functions required by applicable
law.
SECTION C – WARRANTY
1. SaaS Services Warranty. Tyler warrants to Client that the functionality or features of the Data &
Insights SaaS Services will substantially perform as communicated to Client in writing, or their
functional equivalent, but Tyler has the right to update functionality. The support policies may
change but will not materially degrade during the term. Tyler may deprecate features upon at least
30 days’ notice to Client, but Tyler will use commercially reasonable efforts to support the previous
features for at least 6 months following the deprecation notice. The deprecation notice will be
posted at https://support.socrata.com.
SECTION D – THIRD-PARTY SERVICES
1. Third -Party Services. Client may be provided with access and usage of Third-Party Services through
use of the Data & Insights SaaS Services. Client may use the Third-Party Services at Client’s election,
COML Council Packet 5-28-24, Page 139 of 166
Exhibit F
but Client must agree to such Third-Party Service contracts if Client chooses to use those Third-Party
Services. Third-Party Services will be solely governed by such Third-Party Service contracts and use
may include separate fees and charges.
2. Disclaimer. You acknowledge that we are not the provider of any Third-Party Services. We do not
warrant or guarantee the performance of the Third-Party Services.
SECTION F – TERM
1. Term. Unless the Data & Insights SaaS Services are acquired through a Base Agreement with a
defined term for SaaS Services (in which case that term shall apply), the initial term of the Data &
Insights Agreement is forth in the Order Form. Unless expressly indicated otherwise in the Order
Form, this Data & Insights Agreement and the subscription to the Data & Insights SaaS Services will
renew automatically for additional one (1) year renewal terms unless terminated in writing by either
party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access
or use the Data & Insights SaaS Services or Third-Party Data will terminate at the end of this Data &
Insights Agreement.
SECTION G –LIMITATION OF LIABILITY
1. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS DATA & INSIGHTS
AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY
DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR
CONDITIONS OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. WHILE
TYLER TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO
SECURE THE DATA & INSIGHTS SAAS SERVICES, TYLER DOES NOT GUARANTEE THAT THE DATA
& INSIGHTS SAAS SERVICES CANNOT BE COMPROMISED. YOU UNDERSTAND THAT THE DATA
& INSIGHTS SAAS SERVICES MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
2. LIMITATION OF LIABILITY. Unless the Data & Insights SaaS Services are acquired through a Base
Agreement with a Limitation of Liability clause (in which case that term shall apply), OUR
LIABILITY FOR DAMAGES ARISING OUT OF THIS DATA & INSIGHTS AGREEMENT, WHETHER
BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY,
SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE THEN-CURRENT
ANNUAL DATA & INSIGHTS SAAS FEES PAYABLE BY YOU. THE PARTIES ACKNOWLEDGE AND
AGREE THAT THE PRICES SET FORTH IN THIS DATA & INSIGHTS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED
UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY
REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING
LIMITATION OF LIABILITY SHALL NOT APPLY TO THE INDEMNIFICATION OBLIGATIONS UNDER
THE AGREEMENT.
3. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT,
OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
COML Council Packet 5-28-24, Page 140 of 166
Exhibit F
SECTION H –Additional Terms and Conditions for Data & Insights SaaS Services with Open Data
functionality
1. Tyler may make certain other Tyler Applications available to Client. The use of Open Assessment,
Data & Insights Citizen Connect, Data & Insights Capital Project Explorer, Sorata Citizen Connect,
Data & Insights Open Data, Data & Insights Open Finance, Open Finance, and/or X-Connect
Applications, either alone or in connection with the Data & Insights SaaS Services, is governed by
this Data & Insights Agreement and the Agreement. Client must also comply with the following
terms and conditions when using the above named Applications.
2. The Data & Insights SaaS Services may provide you with functionality to make all or part of Client
Data available to the general public through one or more public facing websites. If the functionality
is provided, then Client determines which Client Data is shared publicly, and Client is solely
responsible for determining the online terms of use and licenses relative to the use by public users
(“Public User”) of Client Data, and the enforcement thereof. Client is responsible to ensure all Users
comply with the terms and conditions of this Amendment. Once an internal user makes Client Data
publicly available using the Data & Insights SaaS Services, Tyler has no control over a Public User’s
use, distribution, or misuse of Client Data. Tyler has no liability or obligation to indemnify for such
usage. If the Data & Insights SaaS Services provide you with this functionality, then Users have the
ability within the Data & Insights SaaS Services to remove the public permissions applied to Client
Data.
3. Tyler reserves the right to develop derivative data assets based on Client Data that exists in the
public domain. Tyler may use, index, disclose, commercialize, and transfer the derivative data assets
for any lawful purpose, including but not limited to: aggregating and summarizing data; normalizing,
standardizing and concatenating data to create new regional or national data assets; and developing
key performance indicators and benchmarks.
4. APIs. The Data & Insights SaaS Services may provide access to the applicable application-
programming interface (“API”) as part of the Data & Insights SaaS Services under the terms of this
Data & Insights Agreement. Subject to the other terms of this Data & Insights Agreement and if the
Data & Insights SaaS Services provides access to the APIs, Tyler grants Client a non-exclusive,
nontransferable, terminable license to interact only with the SaaS Services as allowed by the current
APIs.
a. Client may not use the APIs in a manner--as reasonably determined by Tyler--that exceeds
the purposes defined in the Amendment Investment Summary, constitutes excessive or
abusive usage, or fails to comply with any part of the APIs. If any of these occur, Tyler can
suspend or terminate Client’s access to the APIs on a temporary or permanent basis.
b. Tyler may change or remove existing endpoints or fields in API results upon at least 30 days’
notice to Client, but Tyler will use commercially reasonable efforts to support the previous
version of the APIs for at least 6 months from deprecation notice. Tyler may add new
endpoints or fields in API results without prior notice to Client.
c. The APIs may be used to connect the SaaS Services to certain hosted or on premise software
applications not provided by Tyler (“Non-Tyler Applications”). Client is solely responsible for
development, license, access to and support of Non-Tyler Applications, and Client’s
obligations under this Data & Insights Agreement are not contingent on access to or
availability of any Non-Tyler Application.
d. Any open source code provided is provided as a convenience to you. Such open source code
is provided AS IS and is governed by the applicable open source license that applies to such
code; provided, however, that any such open source licenses will not materially interfere or
prohibit Client’s limited right to use the SaaS Services for its internal business purposes.
COML Council Packet 5-28-24, Page 141 of 166
Exhibit F
SECTION I –Additional Terms and Conditions for Third-Party Data Vendor Solutions/Applications
1. Tyler may make certain Third-Party Data Vendor Applications available to Client. The use of Tyler
Recovery Insights, Economic Intelligence, Small Business Revenue Metrics, Mobility Metrics,
Consumer Spending Metrics, and/or Small Business Revenue Metrics either alone or in
connection with the Data & Insights SaaS Services is governed by this Data & Insights Agreement
and the Agreement. Client must also comply with the following terms and conditions when
using the above mentioned Applications.
2. License Grant for Third-Party Data. Any use of Third-Party Data shall be limited to the Third-
Party Data Purpose. Third-Party Data vendors also retain ownership, title and all rights and
interest, including, without limitation, Intellectual Property Rights in and to their own respective
software, data, and documentation.
3. Restrictions for Third-Party Data.
a. Client shall not at any time, directly or indirectly: (i) copy, modify, or create derivative
works of the Third-Party Data, in whole or in part; (ii) rent, lease, lend, sell, sublicense,
assign, distribute, publish, transfer, or otherwise make available the Third-Party Data;
(iii) re-identify, reverse engineer, disassemble, decompile, decode, adapt, or otherwise
attempt to derive or gain access to the source code of the Third-Party Data, in whole or
in part; (iv) remove any proprietary notices from the Third-Party Data; (v) use the Third-
Party Data in any manner or for any purpose that infringes, misappropriates, or
otherwise violates any intellectual property right or other right of any person, or that
violates any applicable Law; or (vi) make Third-Party Data available to for use or access
to anyone other than Client.
b. Client shall not publicly publish the dashboards that contain the Third-Party Data, but
Client may publicly publish visualizations from the aggregate summary data.
c. Client shall not remove any copyright or other proprietary notice or legend contained or
included in Third-Party Data.
d. Client expressly permits Tyler to share with the Third-Party Data providers Client’s
name, subscription term dates, applicable costs and fees for the Third-Party Data SKU(s)
that Client subscribes to.
e. Upon termination of the Agreement, or of a subscription that contains Third-Party Data,
Client shall remove and destroy all copies of Third-Party Data.
f. If any Third-Party Data is the subject of a legitimate disclosure request under the open
records laws or similar applicable public disclosure laws governing the Agreement;
Client will give Tyler prompt notice and otherwise perform the functions required by
applicable law.
g. Client shall not use the Third-Party Data to attempt to identify behavior of a known
individual for any reason.
h. Client acknowledges and agrees that if the Third-Party Data includes SafeGraph data, up
to .05% of the data will be salted data or seeds used to fingerprint the data provided to
Client.
4. Updates. Tyler may in its sole discretion provide Updates to the Third-Party Data or replace with
functionally equivalent.
5. Third-Party Data Warranty. TYLER DOES NOT WARRANT THE CORRECTNESS,
COMPLETENESS, OR CURRENTNESS OF THE THIRD-PARTY DATA OR THAT
THE FUNCTIONS PERFORMED BY THE THIRD-PARTY DATA WILL MEET
CLIENT’S REQUIREMENTS, THAT THE THIRD-PARTY DATA WILL BE ERROR
FREE, OR THAT ALL THIRD-PARTY DATA DEFECTS ARE CORRECTABLE. THE
COML Council Packet 5-28-24, Page 142 of 166
Exhibit F
FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, THE THIRD-PARTY DATA IS PROVIDED “AS IS”.
COML Council Packet 5-28-24, Page 143 of 166
Exhibit G
Payment Processing Agreement
This Payment Processing Agreement (this “Processing Agreement”) is
made and entered into by and between Tyler Technologies, Inc., a
Delaware corporation (“Tyler”), and Client (the “Merchant”).
ACKNOWLEDGEMENTS
a. By executing this Processing Agreement or an accompanying
Order Form, Merchant is contracting with Tyler to obtain Card processing
services on Merchant’s behalf.
b. Merchant acknowledges that Tyler contracts with a payment processor (a “Processor”), Members, and other third party providers to
provide services under this Processing Agreement, and Merchant hereby
consents to the use of such Processor, Members, and others to provide
such services.
c. To the extent elected in the Order Form, Tyler will provide Client
with eCheck/ACH payment processing services for any eligible account as
a turn-key solution or by presenting ACH Transactions in a NACHA
Standard file submission to Merchant’s Originating Depository Financial Institution (ODFI) as agreed to in the Order Form.ACH Transactions and
Card Transactions may collectively be referred to as “Transactions.”
MEMBER BANK AGREEMENT REQUIRED
a. When Merchant’s customers pay Merchant through Tyler,
Merchant may be the recipient of a Card funded payment. The
organizations that operate these Card systems (such as Visa U.S.A., Inc.
and MasterCard International Incorporated; collectively, the “Associations”)
require that Merchant (i) enter into a direct contractual relationship with an entity that is a member of the Association and (ii) agree to comply with
Association Rules as they pertain to applicable Card Transactions that
Merchant submits through Tyler.
b. Merchant shall complete an application with the Member with
which Tyler has contracted and execute an agreement with such Member
(the “Member Bank Agreement”). By executing a Member Bank
Agreement, Merchant is fulfilling the Association Rule of entering into a
direct contractual relationship with a Member, and Merchant agrees to comply with Association Rules as they pertain to Card Transactions
Merchant submits for processing through the Tyler service.
c. Merchant acknowledges that Tyler may have agreed to be
responsible for some of Merchant’s obligations to a Member for such
Transactions as set forth in the Member Bank Agreement. Member may
debit the Merchant Bank Account for chargebacks, returns, refunds and
other fees, however, in the event Member assesses any such chargeback,
returns, refunds, or other fees to Tyler, Tyler may invoice the same to Merchant.
SETTLEMENT AND CHARGEBACKS
a. Merchants Bank Account. In order to receive funds, Merchant
must maintain a bank account (the “Merchant Bank Account”) at a bank that
is a member of the Automated Clearing House (“ACH”) system and the Federal Reserve wire system. Merchant agrees not to close the Merchant
Bank Account without giving Tyler at least thirty (30) days’ prior written
notice and substituting another bank account. Merchant is solely liable for all fees and costs associated with Merchant Bank Account and for all
overdrafts. Tyler shall not be liable for any delays in receipt of funds or
errors in bank account entries caused by third parties, including but not
limited to delays or errors by the Member Bank or payment processor to
Merchant Bank Account.
b. Settlement. Transactions shall be settled according to the terms
of the Member Bank Agreement using the account(s) which are designated
by Merchant.
c. Chargebacks, Returns and Refunds. Chargebacks, returns and
refunds paid for ACH Transactions shall be paid by Merchant in accordance
with the Member Bank Agreement.
d. Retrieval Requests. Merchant is required by the Associations to
store original documentation, and to timely respond to Retrieval Requests,
of each Transaction for at least six months from the date of the respective
Transaction, and to retain copies of all such data for at least 18 months
from the date of the respective Transaction. Merchant is responsible for
any Chargebacks that result from Merchant’s failure to timely respond to
Retrieval Requests for documentation relating to a Transaction.
FEES AND INVOICING
a. Order Form. Merchant agrees to pay Tyler the fees set forth in or
attached to the Order Form for services provided by Tyler and to which this
Agreement is hyperlinked or attached. This may include fees for Payment
Service Devices or other Equipment that Merchant has elected to purchase
or rent as set forth on the Order Form. Fees for purchase will be invoiced
upon shipment and Fees for rental will be invoiced annually in advance. All
Fees due hereunder are due within 45 days of invoice. The terms and
conditions of such purchase or rental are set forth on Exhibit A attached hereto and incorporated herein.
b. Adjustments to Pricing. By giving written notice to Merchant,
Tyler may change Merchant’s fees, charges and discounts resulting from (i)
changes in Association fees (such as interchange, assessments and other
charges); (ii) changes in pricing by any third party provider of a product or
service used by Merchant; or (iii) other market adjustment. Such new
prices shall be applicable as of the effective date established by the
Association or third party provider, or as of any later date specified in Tyler’s notice to Merchant. In addition, Tyler may update pricing for rental of
Equipment by giving written notice to Merchant at the end of any initial
rental term or when such Equipment is upgraded to a newer model or
replaced in accordance with the pricing set forth on Tyler’s then-current
Order Form.
c. Payment of Fees.
i. Online Payments. For payments that are initiated online, a
convenience fee or service fee may be assessed to the Cardholder for each payment transaction that is paid
electronically using a credit or debit card. Such convenience
fee or service fee is set forth in the Order Form and will be
charged at the time of the transaction to be deposited directly
into a Tyler bank account from which all fees associated with
processing and settling the Card Transactions will be paid.
ii. Over the Counter Payments. For payments that are initiated
in your offices, a service fee may be assessed to the Cardholder for each payment transaction as set forth in the
Order Form, and such fees will be charged at the time of the
transaction to be deposited directly into a Tyler bank account
from which all fees associated with processing and settling
the transactions will be paid. For all other fees, Tyler shall invoice Merchant for services and service fees on a monthly
basis, unless otherwise set forth in the Order Form. Each
invoice shall state the total invoiced amount and shall be accompanied by a reasonably detailed itemization of services
and service fees. Following receipt of a properly submitted
invoice, the Merchant shall pay amounts owing therein thirty
(30) days in arrears.
iii. Absorbed Payments. For payments that are initiated online and/or in-person, the Merchant may elect to pay for all fees
related to the transaction including, without limitation,
interchange fees, dues, assessments, card brand fees, and Tyler fees.
iv. eCheck/ACH Payments. In addition, Tyler shall be
authorized to charge eCheck/ACH fees and other fees
specified in an Order Form to the end user. Unless otherwise
set forth in the Order Form, fees will be charged at the time of
COML Council Packet 5-28-24, Page 144 of 166
Exhibit G
Updated 11/6/23
the transaction to be deposited directly into a Tyler bank
account.
LICENSE
Tyler hereby grants Merchant a non-exclusive, revocable license to use
the Tyler Intellectual Property (as defined in Section 1.c) for the limited
purpose of performing under this Processing Agreement. Merchant shall at all times be responsible for compliance with applicable law and Association
Rules. Unless otherwise provided in a separate agreement between Tyler
and Merchant, any Intellectual Property or machinery provided by Tyler, but
not developed by Tyler, is being licensed or purchased by Merchant directly
from the manufacturer or developer of such machinery or Intellectual Property. Merchant acknowledges that the license granted herein is limited
to Merchant’s use exclusively and that Merchant does not have the right to
sub-license any of the Intellectual Property in either their original or modified form. Merchant agrees that it shall not reverse-engineer,
disassemble or decompile the Intellectual Property. Merchant shall not give
any third party, except Merchant’s employees, access to the Intellectual
Property without Tyler’s prior written consent.
THIRD PARTY PROVIDERS
Tyler may, in its sole discretion, contract with alternate Members,
payment processors or other third party providers to provide services under
this Processing Agreement. In such event, Merchant shall reasonably cooperate with Tyler, including the execution of a new Member Bank
Agreement by Merchant; provided, however, that if the terms and conditions
of the new Member Bank Agreement are substantially different than
Merchant’s existing Member Bank Agreement, then Merchant shall have
the right to terminate this Processing Agreement.
CONFIDENTIAL AND PROPRIETARY INFORMATION
a. Protection of Tyler Confidential and Proprietary Information.
Merchant shall not disclose, disseminate, transmit, publish, distribute, make available, or otherwise convey Tyler Confidential and Proprietary
Information, and Merchant shall not use, make, sell, or otherwise exploit
any such Tyler Confidential and Proprietary Information for any purpose
other than the performance of this Processing Agreement, without Tyler’s
written consent, except: (a) as may be required by law, regulation, judicial, or administrative process; or (b) as required in litigation pertaining to this
Processing Agreement, provided that Tyler is given advance notice of such
intended disclosure in order to permit it the opportunity to seek a protective order. Merchant shall ensure that all individuals assigned to perform
services herein shall abide by the terms of this Section 7(a) and shall be
responsible for breaches by such persons.
b. Judicial Proceedings. If Merchant is requested or required (by
oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand, or other similar
process) to disclose any Tyler Confidential and Proprietary Information,
Merchant shall provide Tyler with prompt written notice of such request or requirement so that Tyler may seek protective orders or other appropriate
remedies and/or waive compliance with the provisions of this Processing
Agreement. If, in the absence of a protective order or other remedy or the
receipt of a waiver by Tyler, Merchant nonetheless is legally compelled to
disclose Tyler Confidential and Proprietary Information to any court or tribunal or else would stand liable for contempt or suffer other censure or
penalty, Merchant may, without liability herein, disclose to such court or
tribunal only that portion of Tyler Confidential and Proprietary Information which the court requires to be disclosed, provided that Merchant uses
reasonable efforts to preserve the confidentiality of Tyler Confidential and
Proprietary Information, including, without limitation, by cooperating with
Tyler to obtain an appropriate protective order or other reliable assurance
that confidential treatment shall be accorded Tyler Confidential and Proprietary Information.
c. Security of User IDs and Passwords. Merchant is solely
responsible for maintaining the confidentiality of its user IDs and passwords
and all activities that occur under Merchant’s user IDs, even if fraudulent or
not authorized by Merchant. Merchant acknowledges the heightened risk
associated with access to its User IDs, passwords, transaction and account
information (collectively, “Account Information”). Merchant represents and
warrants that (i) Merchant will comply with applicable Association Rules and applicable law, (ii) Merchant will establish policies and procedures to protect
such information in conformity with Association Rules and applicable law,
including the storage and disclosure of such Account Information, (iii)
Merchant will exercise reasonable care to prevent use or disclosure of
Account Information. Merchant, and not Tyler, will be solely responsible for
all activity, including all approvals, Transactions, chargebacks, returns and
refunds processed, using Merchant’s user IDs and passwords. If a forensic
investigation is initiated by a Card Network, Member, Tyler or Tyler’s
Processor, then Merchant agrees to cooperate with such investigation until
it is complete, including, without limitation, by providing logs related to its
User IDs and passwords and Merchant’s compliance with Association
Rules and applicable law.
REPRESENTATIONS AND WARRANTIES
a. No Actions, Suits, or Proceedings. There are no actions, suits,
or proceedings, pending or, to the knowledge of Tyler, threatened, that shall have a material adverse effect on Tyler’s ability to fulfill its obligations
pursuant to or arising from this Processing Agreement.
b. Compliance with Laws. In performing this Processing
Agreement, Tyler shall comply with all applicable material licenses, legal
certifications, or inspections. Tyler and Merchant shall comply in all material respects with applicable federal, state, and local statutes, laws,
ordinances, rules, and regulations.
c. Ownership. Tyler is a Delaware corporation that is listed for trading on the New York Stock Exchange.
d. Certain Business Practices. Neither Tyler nor any of its
principals is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in this
Processing Agreement by any federal department or agency. Tyler further represents and warrants that it is not listed on any local, state or federal
consolidated list of debarred, suspended, and ineligible contractors and
grantees.
e. Equipment Manufacturer Warranties. Tyler will pass through to
Merchant any applicable manufacturer warranties that apply to Equipment
purchased by Merchant through this Agreement.
f. Disclaimer of Implied Warranties. EXCEPT FOR THE
EXPRESS WARRANTIES PROVIDED IN THIS PROCESSING AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, TYLER HEREBY DISCLAIMS 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.
LIMITATION OF LIABILITY
TYLER’S LIABILITY TO MERCHANT FOR DAMAGES ARISING OUT
OF OR IN CONNECTION WITH THIS PROCESSING AGREEMENT,
WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE
LIMITED TO THE TOTAL FEES PAID TO TYLER UNDER THIS
PROCESSING AGREEMENT (NET OF ASSOCIATION
INTERCHANGE, ASSESSMENTS AND FINES) FOR THE SIX
MONTHS PRIOR TO THE TIME THE LIABILITY AROSE.
WHILE BOTH PARTIES ACKNOWLEDGE THAT THIS IS AN
AGREEMENT FOR SERVICES TO WHICH THE UNIFORM
COMMERCIAL CODE DOES NOT APPLY, IN NO EVENT SHALL TYLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR
SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOST REVENUES OR PROFITS, OR LOSS OF
BUSINESS OR LOSS OF DATA ARISING OUT OF THIS
PROCESSING AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH
DAMAGE.
INDEMNIFICATION
a. Chargebacks and Refunds. Merchant acknowledges that Tyler
has agreed to be responsible for some of Merchant’s obligations to a
Member for Transactions and Association Rules as set forth in the Member
Bank Agreement. Member should debit the Merchant Account for
chargebacks, returns, refunds, assessments, penalties and fines, and in the event Member assesses any such amounts to Tyler, including any amounts
in excess of the balance of the Merchant Account, Tyler shall invoice the
same to Merchant.
b. Applicable Law and Interpretations: Merchant shall indemnify
and hold harmless Tyler from and against any claim or action related to
Merchant’s violation of applicable law and/or Association Rules including
without limitation any election to apply custom fee structures or customer
surcharges.
c. Intellectual Property.
i. Tyler retains all ownership and copyright interest in and to
any and all intellectual property, computer programs, related
documentation, technology, know how, and processes
COML Council Packet 5-28-24, Page 145 of 166
Exhibit G
Updated 11/6/23
developed by Tyler and provided in connection with this
Processing Agreement (collectively, the “Intellectual
Property”),
ii. Notwithstanding any other provision of this Processing Agreement, if any claim is asserted, or action or proceeding
brought against Merchant that alleges that all or any part of
the Intellectual Property, in the form supplied, or modified by Tyler, or Merchant’s use thereof, infringes or misappropriates
any United States intellectual property, intangible asset, or
other proprietary right, title, or interest (including, without
limitation, any copyright or patent or any trade secret right,
title, or interest), or violates any other contract, license, grant, or other proprietary right of any third party, Merchant, upon its
awareness, shall give Tyler prompt written notice thereof.
Tyler shall defend, and hold Merchant harmless against, any such claim or action with counsel of Tyler’s choice and at
Tyler’s expense and shall indemnify Merchant against any
liability, damages, and costs resulting from such claim.
Without waiving any rights pursuant to sovereign immunity,
Merchant shall cooperate with and may monitor Tyler in the defense of any claim, action, or proceeding and shall, if
appropriate, make employees available as Tyler may
reasonably request with regard to such defense. This indemnity does not apply to the extent that such a claim is
attributable to modifications to the Intellectual Property made
by Merchant, or any third party pursuant to Merchant’s
directions, or upon the unauthorized use of the Intellectual
Property by Merchant.
d. If the Intellectual Property becomes the subject of a claim of
infringement or misappropriation of a copyright, patent, or trade secret or
the violation of any other contractual or proprietary right of any third party, Tyler shall, at its sole cost and expense, select and provide one of the
following remedies, which selection shall be in Tyler’s sole discretion: (a)
promptly replace the Intellectual Property with a compatible, functionally
equivalent, non-infringing system; or (b) promptly modify the Intellectual
Property to make it non-infringing; or (c) promptly procure the right of Merchant to use the Intellectual Property as intended.
TAXES
a. Tax Exempt Status. Merchant is a governmental tax-exempt entity and shall not be responsible for any taxes for any Licensed Property
or services provided for herein, whether federal or state. The fees paid to
Tyler pursuant to this Processing Agreement are inclusive of any applicable
sales, use, personal property, or other taxes attributable to periods on or
after the Effective Date of this Processing Agreement.
b. Employee Tax Obligations. Each party accepts full and
exclusive liability for the payment of any and all contributions or taxes for
Social Security, Workers’ Compensation Insurance, Unemployment Insurance, or Retirement Benefits, Pensions, or annuities now or hereafter
imposed pursuant to or arising from any state or federal laws which are
measured by the wages, salaries, or other remuneration pay to persons
employed by such party for work performed under this Processing
Agreement.
TERM, SUSPENSION, AND TERMINATION
a. Term. The term of this Processing Agreement (the “Term”) shall
commence on the Effective Date and shall continue in effect for three years unless otherwise set forth on an Order Form; provided, however, that at the
end of such initial term, and on each subsequent anniversary of the
Effective Date, the term shall automatically extend for an additional year
unless either party provides, at least ninety (90) days prior to the end of the
then current term, written notice that it does not wish to extend the term or otherwise terminates the agreement for Cause pursuant to Section 12(b).
Notwithstanding the foregoing, Tyler may elect to cease providing payment
processing services upon the termination or expiration of Tyler’s other
agreement with Client to provide Tyler software or services.
b. Termination for Cause. Either party may terminate this
Processing Agreement for Cause, provided that such party follows the
procedures set forth in this Section(b).
i. For purposes of this Section, “Cause” means either:
A. a material breach of this Processing Agreement,
which has not been cured within ninety (90)
days of the date such party receives written
notice of such breach;
B. the failure by Merchant to timely pay when due
any fees owed to Tyler pursuant to this
Processing Agreement and any delinquent
amounts remain outstanding for a period of thirty
(30) days after Tyler provides written notice of its
intent to terminate for failure to pay;
C. breach of Section 0; or
D. if Tyler becomes insolvent or bankrupt, or is the
subject of any proceedings relating to its
liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a
receiver of its assets or property appointed or
makes an assignment for the benefit of all or
substantially all of its creditors, or institutes or
causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement
of its affairs.
ii. No party may terminate this Processing Agreement under Section 12 b(i)(A) unless it cooperates in good faith with
the alleged breaching party during the cure period and
complies in good faith with the dispute resolution
procedures set forth in Section 0 following such period.
iii. In the event either party terminates this Processing Agreement pursuant to this Section(b), each party shall
return all products, documentation, confidential information,
and other information disclosed or otherwise delivered to the other party prior to such termination, all revocable
licenses shall terminate.
c. Survival. The following provisions shall survive after the Term of
this Processing Agreement: 2(c); 0; 0(c); 0; 0; 0; 0; 0; 0; and 0.
DISPUTE RESOLUTION
Any dispute arising out of, or relating to, this Processing Agreement
that cannot be resolved within five (5) Business Days shall be referred to
the individual reasonably designated by Merchant and Tyler’s representative assigned to Merchant’s account (“Intermediary Dispute
Level”). Any dispute that cannot be resolved in ten (10) Business Days at
the Intermediary Dispute Level shall then be referred to Merchant’s chief
executive officer or other individual reasonably designated by Merchant and
Tyler’s applicable division President (“Executive Dispute Level”), at such time and location reasonably designated by the parties. Any negotiations
pursuant to this Section are confidential and shall be treated as
compromise and settlement negotiations for purposes of the applicable rules of evidence. For any dispute that the parties are unable to resolve
through informal discussions or negotiations or pursuant to the dispute
resolution and escalation procedures set forth in this Processing
Agreement, the parties shall submit the matter to non-binding mediation
prior to the commencement of any legal proceeding. The foregoing shall not apply to claims for equitable relief under Section 0.
MISCELLANEOUS
a. Assignment. Neither party may assign this Processing Agreement or any of its respective rights or obligations herein to any third
party without the express written consent of the other party, which consent
shall not be unreasonably withheld.
b. Cumulative Remedies. Except as specifically provided herein,
no remedy made available herein is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and shall be in
addition to every other remedy provided herein or available at law or in
equity.
c. Notices. Except as otherwise expressly specified herein, all
notices, requests or other communications shall be in writing and shall be
deemed to have been given if delivered personally or mailed, by certified or
registered mail, postage prepaid, return receipt requested, to the parties at
their respective addresses set forth on the signature page hereto, or at such other addresses as may be specified in writing by either of the parties. All
notices, requests, or communications shall be deemed effective upon
personal delivery or three (3) days following deposit in the mail.
Notwithstanding the foregoing, notice shall be deemed delivered when
provided in connection with billing or invoicing.
d. Counterparts. This Processing Agreement may be executed in
one or more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
e. Waiver. The performance of any obligation required of a party
herein may be waived only by a written waiver signed by the other party,
which waiver shall be effective only with respect to the specific obligation
described therein.
COML Council Packet 5-28-24, Page 146 of 166
Exhibit G
Updated 11/6/23
f. Entire Agreement. This Processing Agreement constitutes the
entire understanding and contract between Tyler and Merchant for payment
processing services (as detailed in an Order Form) and supersedes any
and all prior or contemporaneous oral or written representations, contracts or communications with respect to the subject matter hereof.
g. Amendment. This Processing Agreement shall not be modified,
amended, or in any way altered except by an instrument in writing signed by the properly delegated authority of each party. All amendments or
modifications of this Processing Agreement shall be binding upon the
parties despite any lack of consideration.
h. Severability of Provisions. In the event any provision hereof is
found invalid or unenforceable pursuant to judicial decree, the remainder of this Processing Agreement shall remain valid and enforceable according to
its terms.
i. Relationship of Parties. The parties intend that the relationship between the parties created pursuant to or arising from this Processing
Agreement is that of an independent contractor only. Neither party shall be
considered an agent, representative, or employee of the other party for any
purpose.
j. Governing Law. Any dispute arising out of or relating to this Processing Agreement or the breach thereof shall be governed by the laws
of the state of Merchant’s domicile, without regard to or application of
choice of law rules or principles.
k. Audit. Tyler shall maintain complete and accurate records of all
work performed pursuant to and arising out of this Processing Agreement.
Merchant may, upon the written request, audit any and all records of Tyler
relating to services provided herein. Merchant shall provide Tyler twenty-
four hour notice of such audit or inspection. Tyler shall have the right to exclude from such inspection any Tyler Confidential and Proprietary
Information not otherwise required to be provided to Merchant as a part of
this Processing Agreement. Any such audit shall be conducted at Tyler’s principal place of business during Tyler’s normal business hours and at
Merchant’s sole expense.
l. No Third Party Beneficiaries. Nothing in this Processing
Agreement is intended to benefit, create any rights in, or otherwise vest any
rights upon any third party.
m. Contra Proferentem. The doctrine of contra proferentem shall
not apply to this Processing Agreement. If an ambiguity exists in this
Processing Agreement, or in a specific provision, neither the Agreement nor the provision shall be construed against the party who drafted the
Agreement or provision.
n. Force Majeure. No party to this Processing Agreement shall be
liable for delay or failure in the performance of its contractual obligations
arising from any one or more events that are beyond its reasonable control, including, without limitation, acts of God, war, terrorism, and riot. Upon
such delay or failure affecting one party, that party shall notify the other
party and use all reasonable efforts to cure or alleviate the cause of such delay or failure with a view to resuming performance of its contractual
obligations as soon as practicable. Notwithstanding the foregoing, in every
case the delay or failure to perform must be beyond the control and without
the fault or negligence of the party claiming excusable delay. Any
performance times pursuant to or arising from this Processing Agreement shall be considered extended for a period of time equivalent to the time lost
because of any delay that is excusable herein. This section does not
excuse any party from payment obligations under this Processing Agreement.
o. Equitable Relief. Each party covenants, represents, and
warrants that any violation of this Processing Agreement by such party with
respect to its respective obligations set forth in Section 0 shall cause
irreparable injury to the other party and shall entitle the other party to extraordinary and equitable relief by a court of competent jurisdiction,
including, without limitation, temporary restraining orders and preliminary
and permanent injunctions, without the necessity of posting bond or
security.
CERTAIN DEFINITIONS
a. Association means a group of Card issuer banks or debit networks
that facilitates the use of payment cards accepted under this Processing
Agreement for processing, including, without limitation, Visa,U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other
credit and debit card providers, debit network providers, gift card and other
stored value and loyalty program providers. Associations also includes the Payment Card Industry Security Standards Council and the National
Automated Clearinghouse Association.
b. Association Rules means the bylaws, rules, and regulations, as
they exist from time to time, of the Associations.
c. Card or Payment Card means an account, or evidence of an account, authorized and established between a Cardholder and an
Association, or representatives or members of a Association that Merchant
accepts from Cardholders as payment for a good or service. Payment Instruments include, but are not limited to, credit and debit cards, stored
value cards, loyalty cards, electronic gift cards, authorized account or
access numbers, paper certificates and credit accounts.
d. Cardholder means the person to whom a Card is issued or who
is otherwise entitled to use a Card.
e. Chargeback means a reversal of a Card sale Merchant
previously presented pursuant to Association Rules.
f. Member or Member Bank means an entity that is a member of the Associations.
g. Order Form means a document listing the pricing associated with
this Processing Agreement.
h. Processing Agreement means this Payment Card Processing
Agreement, including all exhibits attached hereto and to be attached throughout the Term of this Processing Agreement, all of which are
incorporated by reference herein.
i. Retrieval Request means a request for information by a Cardholder or Card issuer relating to a claim or complaint concerning a
Card sale Merchant has made.
j. Transaction means the evidence and electronic record of a sale
or lease transaction representing payment by use of a Card, echeck/ACH,
digital payment or of a return/refund/credit to a Cardholder or any other payor.
k. Tyler Confidential and Proprietary Information means all
information in any form relating to, used in, or arising out of Tyler’s operations and held by, owned, licensed, or otherwise possessed by Tyler
(whether held by, owned, licensed, possessed, or otherwise existing in, on
or about Tyler’s premises or Merchant’s offices, residence(s), or facilities
and regardless of how such information came into being, as well as
regardless of who created, generated or gathered the information), including, without limitation, all information contained in, embodied in (in
any media whatsoever) or relating to Tyler’s inventions, ideas, creations,
works of authorship, business documents, licenses, correspondence, operations, manuals, performance manuals, operating data, projections,
bulletins, customer lists and data, sales data, cost data, profit data, financial
statements, strategic planning data, financial planning data, designs, logos,
proposed trademarks or service marks, test results, product or service
literature, product or service concepts, process data, specification data, know how, software, databases, database layouts, design documents,
release notes, algorithms, source code, screen shots, other research and
development information and data, and Intellectual Property. Notwithstanding the foregoing, Tyler Confidential and Proprietary
Information does not include information that: (a) becomes public other than
as a result of a disclosure by Merchant in breach hereof; (b) becomes
available to Merchant on a non-confidential basis from a source other than
Tyler, which is not prohibited from disclosing such information by obligation to Tyler; (c) is known by Merchant prior to its receipt from Tyler without any
obligation of confidentiality with respect thereto; or (d) is developed by
Merchant independently of any disclosures made by Tyler.
[Remainder of this page intentionally left blank]
COML Council Packet 5-28-24, Page 147 of 166
Exhibit G
Updated 11/6/23
Exhibit A
Payment Service Devices/Equipment – Rental and Purchase
This Exhibit A is incorporated into that certain Payment Processing Agreement between Tyler and
Merchant (the “Processing Agreement”).
1. TERMS APPLICABLE TO BOTH PURCHASE AND RENTAL OF EQUIPMENT
a. Generally. Tyler will provide PCI-compliant Payment Service Devices as elected by Merchant and described in the Order Form
and related equipment for rent or purchase during the term of this Agreement for the fees set forth in the Order Form.
b. Shipping Timelines. Tyler shall ship newly-requested Payment Service Devices (and associated supplies, such as printers,
cables, power supplies, mounting hardware or other equipment identified in an Order Form) (“Equipment”) to Merchants within (a) 14 calendar days of the request or (b) 14 calendar days prior to payment service commencement/go-live, whichever is later. Tyler shall ship
failure-related replacement Equipment to Merchants within two (2) Business Days of a written request. Shipping timelines are subject to
Payment Service Device availability by the applicable manufacturer or supplier and shall be extended until such devices become available.
c. Delivery and Acceptance. Tyler will deliver the Equipment to the location designated by Merchant in the Order Form. If an
address for delivery is not expressly designated in the Order Form, such Equipment will be delivered to Merchant’s address otherwise set
forth in the Order Form. Merchant will be deemed to have accepted each piece of Equipment on the earlier of (i) when Merchant
acknowledges receipt, and (ii) seven days after shipment of each such piece of Equipment, unless Tyler is notified earlier in writing by
Merchant that the Equipment has not been received or is not functional.
d. Rights and Restrictions. Tyler shall process payments received from Merchant’s Payment Service Devices provided by Tyler.
Merchant acknowledges that the Payment Service Devices are embedded with proprietary encryption technology that will be injected by
Tyler’s designee into the Payment Services Devices. Merchant agrees that all of Merchant’s over-the-counter Transactions processed through a Tyler application will be required to use Payment Service Devices provided by Tyler. Merchant will maintain each Payment
Service Device in its possession and will not permit any physical alteration or modification of any piece of Equipment. Each piece of
Equipment will be used only in the ordinary course of Merchant’s business in connection with Tyler applications. The Equipment is not
being sold or rented to the Merchant for home or personal use. Merchant acknowledges that the Equipment rented or purchased
through this Exhibit may not be compatible with another processor’s systems. Merchant hereby grants Tyler a security interest in (i) all Equipment to secure payment of the purchase price, and (ii) all Equipment to secure payment of the monthly rental payments. Merchant
authorizes Tyler to file financing statements with respect to the Equipment in accordance with the Uniform Commercial Code, signed by Tyler
directly or as Merchant’s attorney-in-fact.
e. Change Notice. Tyler shall provide thirty (30) calendar days written notice for Equipment changes that affect Merchants, which
includes, without limitation, when Tyler will no longer support a Payment Service Device. Tyler will only be obligated to replace Equipment
when a Payment Service Device is no longer capable of functioning or Tyler ends support of the specific make and model of the Equipment.
f. PCI DSS Compliance. Each party understands and agrees to comply with PCI DSS and any amendments thereto. Merchant
shall be responsible for compliance with PCI DSS version 3.2.1 and any more current versions regarding the Payment Service Devices, including, but not limited to, the maintenance, inspection, and training obligations set forth in PCI DSS Requirement 9.9.
2. TERMS APPLICABLE ONLY TO EQUIPMENT PURCHASED
Tyler will sell to Merchant the Equipment identified in the Order Form, free and clear of all liens and encumbrances, expect that any
proprietary encryption technology included within the Payment Service Devices or any other Tyler Intellectual Property will be provided to you
pursuant to the License set forth in Section 5 of the Agreement. Maintenance and repair of Merchant-purchased Equipment is the responsibility of Merchant, unless Merchant has purchased Tyler’s maintenance services for Payment Service Devices.
3. TERMS APPLICABLE ONLY TO EQUIPMENT RENTAL a. Tyler will rent to Merchant the Equipment identified in the Order Form, as set forth herein. The rental period will commence when
the Equipment is deemed accepted. At the end of the rental term identified in an Order Form or when the Agreement is terminated,
Merchant will promptly return each piece of Equipment to Tyler at Merchant’s cost, in the same condition as when received, ordinary wear and tear excepted, unless otherwise directed by Tyler. The rental period will terminate when Equipment is returned to Tyler at 840 West
Long Lake Road, Detroit, Michigan 48098, Attention: Tyler Payments, or at an earlier date specified by Tyler in writing. The following
information must be included within the shipping box: (i) Merchant name, complete address and phone number; (ii) name of person to
contact if there are any questions; (iii) your Merchant account number; and (iv) serial number of the Equipment. Merchant will retain proof of
delivery documents and the applicable serial number. For any piece of Equipment that is not returned to Tyler in accordance with this paragraph, Merchant will pay Tyler the greater of $250.00 or the fair market value of such piece of Equipment as if it were in the condition
described herein.
b. Merchant will not assign its rights or obligations under this Exhibit, or pledge, lend, create a security interest in, incur any liens or encumbrances on, or sublease the Equipment to any other person or entity without Tyler’s prior written consent. Any such assignment,
delegation, sublease, pledge, security interest or lien in the absence of consent shall be void.
c. The provisions of this Exhibit will survive the termination or expiration of the Agreement and continue until all rented Equipment is
returned to Tyler or paid for.
COML Council Packet 5-28-24, Page 148 of 166
List of Potential Modules for City of Moses Lake, WA ERP Solution
The following table provides a listing of the modules proposed based on discussions and demonstrations with the City and RFP process. Some
modules are included as Optional, as there should be further discussion as to the City’s priorities. These can be moved in scope to be in final
contract or purchased a later phase of the project.
Tyler Financials EERP Product Module Description Notes/Questions
Accounting/GL (General Ledger) –
Concurrent user based
Provides the core accounting and general ledger functions; fully integrated
with all other Tyler Enterprise ERP (EERP) applications.
Proposed and demonstrated in
2023
Accounts Payable
Concurrent user based
Provides the ability to manage and maintain all aspects of vendor invoice,
payment, tracking and history. Fully integrated with all other Tyler Enterprise
ERP (EERP) applications.
Proposed and demonstrated in
2023
Budgeting
Concurrent user based
Budgeting allows users to manage existing and projected budgets and create
an unlimited number of budget projections in summary or detail— then
produce worksheets and proposed budget reports for review; fully integrated
with all other EERP applications.
Proposed and demonstrated in
2023
Capital Assets
Concurrent user based
Manages the record-keeping of all fixed assets such as land, buildings,
machinery and equipment, construction in progress, and infrastructure; create
asset records from purchase orders or directly from invoices; fulfill auditors’
requirements; and improve transparency; simplify record maintenance and
reporting by tying an unlimited number of individual assets to master assets;
track items transferred, missing, not in use, or due for maintenance or
replacement; calculate depreciation by selective methods such as composite
rate; and report on the depreciation schedule. Fixed Assets provides a
complete set of financial statements reflecting investments.
Proposed and demonstrated in
2023
Cash Management
Concurrent user based
Provides tools that work with Disbursement and Check Reconciliation
functions from Accounts Payable and Payroll to reconcile cash accounts (book
balance) with corresponding bank accounts (bank balance).
Proposed and demonstrated in
2023
COML Council Packet 5-28-24, Page 149 of 166
Contract Management
Concurrent user based
Provides ability to create and approve contracts, including multi-year
contracts, for purchases; encumber the appropriate funds in advance, before
details such as quantities and delivery dates are known; create requisitions,
purchase orders and invoices that refer to the contract.
Proposed and demonstrated in
2023
Project & Grant Accounting
Concurrent user based
Manages multi-year budgets, expenditures and revenues for their user-
defined projects such as capital improvements, special programs, etc.
Proposed and demonstrated in
2023
Purchasing
Concurrent user based
EERP Purchasing is a bundling for Purchase Orders and Requisitions functions. Proposed and demonstrated in
2023
eProcurement/Vendor Access Vendors access to their personal/business information, as well as invoices and
bid information/requirements. Interfaces with Bids and Quotes. Also provides
shopping cart/punch in-punch out.
Proposed and demonstrated in
2023
Human Capital Management Module Description
Time and Attendance Time and Attendance requirements for clocks, proximity readers, etc. Proposed and demonstrated in
2023
Time and Attendance Mobile
Access
Mobile access to Time and Attendance Proposed and demonstrated in
2023
Human Resources & Talent
Management
Concurrent user based
Provides immediate access to job-related information at all stages of
employment: from personal information (emergency contact, address, phone
number) and education/ certifications to benefit elections and wages,
promotions and disciplinary history. Strict security ensures that only
designated employees are capable of accessing employee records. Full
integration with Munis Payroll and Budget, and ESS so changes to employee
data records are electronically transferred to Payroll. Employs Workflow to
manage personnel actions including inquiries, leave, termination, civil service,
attendance, reinstatement, etc. workforce decisions.
Proposed and demonstrated in
2023;
COML Council Packet 5-28-24, Page 150 of 166
Recruiting
Concurrent user based
Managing online applications; resume processing and evaluation; tracking
applicant information; scheduling interviews; building personnel records for
new hires; monitoring and reporting on the status of all job requisitions and
applicants; creating customized conditions and applications for each position;
and creating reports of top scoring candidates to compare skills and
qualification.
Proposed and demonstrated
2023
Payroll with Employee Access
Concurrent user based
(Note Employee Access Portal is
unlimited for employees)
Provides paperless payroll process; and streamline timesheet entry and ensure
all local, state and federal requirements are met. Employee Access gives
employees access to update personal information, request leave, or check
compensation securely over the Web.
Proposed and demonstrated in
2023;
Revenue Management Module Description
Accounts Receivable Collections of miscellaneous cash and the collection of billed receivables. It's
used for over-the-counter or mailed payments for non-billed items.
Proposed and demonstrated in
2023;
Tyler Cashiering Centralized cashiering/POS system. It integrates with local resources such as
OCR and handheld bar code scanners, printers, validators and MICR devices,
offers secure credit card processing features, is compliant with PCI/PA-DSS
security standards, and offers full Check-21 compliance.
Proposed and demonstrated in
2023;
General Billing Create invoices and bills for miscellaneous charges such as rented building
space, charges for parking spaces, or certain types of permits not covered by
the other Munis revenue applications.
Proposed and demonstrated in
2023;
Utility Billing
Utility Billing supports all billing functions such as billing water, sewer, electric,
gas and so on, and keep multiple billing cycles active at the same time.
Features include unlimited user-defined fields for account location master,
account customer, services, etc.; drill-down into individual service orders with
the ability to view details before approving; rule establishment to
print/complete only approved orders; and easy account setup.
Proposed and demonstrated in
2023;
COML Council Packet 5-28-24, Page 151 of 166
Resident Access Provides citizens with access to key information via the Internet so they can
pay taxes, check and pay utility bills, or file a non-emergency request.
Information is extracted directly from the EERO database in real time.
Integrates with Tyler Payments.
Proposed and demonstrated in
2023;
Utility Billing Meter Interface
Meter reading interface. Proposed and demonstrated in
2023;
Tyler GIS Tyler GIS provides integration to the City’s ESRI GIS system. Can be access
from any location data, including Capital Assets and Utility Billing modules.
Proposed and demonstrated in
2023
Content Management Module Description
Tyler Content Manager Core
Concurrent user
Tyler's content management (TCM) solution; The TCM suite includes all the
critical components of content management including backfile scanning,
indexing and redaction, micrographics conversion, disaster recovery, and
highly secure off-site document storage. TCM also works with third-party
applications, using Batch Print Capture to print multiple documents directly
into TCM.
Demonstrated in 2023 and
proposed
Tyler Enterprise Forms Processing
(now referred to as Enterprise
Forms)
Concurrent user
Provides automated, multi-destination output with e-deliver documents like
Direct Deposit Advice, PO’s, or Invoices. Users can archive electronic copies of
forms to a Document Management System in PDF or
TIFFformats.
Seamless software integration with Tyler Content Manager. This includes
direct-print-to-archive processing using Tyler Content Manager.
Demonstrated in 2023 and
proposed
Data & Insights Module Description
Analytics & Reporting with
Executive Insights
Provides programming features so each organization can extend and
customize reporting functionality. Presents data in a way that’s most
meaningful to the audience, meets ACFR, GASB, 3402 (t),and other regulatory
compliance, translates complex data into easily-understandable report
formats.
Demonstrated in 2023 and
proposed;
COML Council Packet 5-28-24, Page 152 of 166
ACFR Statement Builder ACFR Builder is Tyler’s own report builder for building certified annual financial
reports. Produces GASB-compliant statements, reporting financial position in
both the modified and full-accrual basis. Guides users through the process of
taking data from their GL system and converting it to full-accrual, while
keeping the modified basis intact. The GASB rules are embedded in the ACFR
Statement Builder and when the GASB requirements change, the ACFR
Statement Builder is updated.
Demonstrated and proposed
Additional ERP Modules
Proposed in OPTIONAL
Module Description Notes/Questions
Financial Modules in Optional
ACFR Statement Builder ACFR Builder is Tyler’s own report builder for building certified annual financial
reports. Produces GASB-compliant statements, reporting financial position in
both the modified and full-accrual basis. Guides users through the process of
taking data from their GL system and converting it to full-accrual, while
keeping the modified basis intact. The GASB rules are embedded in the CAFR
Statement Builder and when the GASB requirements change, the ACFR
Statement Builder is updated.
Included in Optional
Bid Management Supports the entire procurement solicitation process; consolidates buyer
activity into single, central application; integrates with eProcurement (Vendor
Access) and Contract Module.
Proposed in Optional
Human Resources Modules in
Optional
COML Council Packet 5-28-24, Page 153 of 166
Employee Expense
Reimbursement
Concurrent user based
EER functionality includes auto-populated expense report creation (data
pulled from PR), system-generated travel request and invoice reimbursement
numbers, and general ledger account codes. Users can create an unlimited
number of expense claim form templates; choose whether employees submit
reports before or after expenses are incurred; and decide whether to
reimburse through payroll or by cutting an AP check. The claim automatically
is entered into the workflow process, where workflow rules can be set up to
direct expense reports to different approvers based on user-defined account
codes, amount and department codes.
Proposed in Optional.
Advanced Scheduling
Priced based on estimated users
for the module.
Tyler’s scheduling system for 24/7 staff. Typically used for Police Public Works,
Fire. Advanced Scheduling can be used for complex shift and scheduling needs,
viewable within Tyler EERP self service portal and allows employees and
supervisors to view additional information related to specific shifts and
schedules.
Demonstrated in 2023;
proposed in Optional
Advanced Scheduling Mobile
Access
Priced based on estimated users
for the module.
Mobile access for Advanced Scheduling users. Demonstrated in 2023;
proposed in Optional
Risk Management Manage risks such as job-related injuries and property damage - they can
track, manage and pay property and causality claims; handle them from the
initial claim to related expenditures; track claim activity; record expenses,
recoveries and estimated costs.
Not requested/not proposed.
Revenue Management Module
Options
Smart Meter Access Designed for utilities currently using an Advanced Metering Infrastructure
(AMI) system along with Resident Access™, Tyler Smart Meters™ minimizes
office calls by expanding customer self-service options, giving your employees
new tools to quickly resolve billing and service issues. Using advanced
analytics, Tyler Smart Meters monitors consumption for all accounts in your
Not proposed, and not
provided in Optional
COML Council Packet 5-28-24, Page 154 of 166
service area. When problems are identified, your customers can be proactively
alerted via text message, phone call, or email.
Civic Services/Enterprise Asset
Management Module Options
Enterprise Service Requests ESR is a web-based solution that effectively manages a municipality’s non-
emergency inquiries, complaints, and service requests
Not requested; provided as
informational only
Asset Maintenance & Asset
Performance
Tyler's work order and asset management product built with a focus on
management of work orders - integrates fully with EERP, EPL GL, Payroll and
Inventory/Purchasing.
Not requested; provided as
informational only. Please note
Utility Billing module includes a
subset of asset maintenance
functionality for service order
management.
Data Insights Options
Open Finance
Unlimited access
Tyler's financial data transparency portal; Open Finance organizes ERP
financial data into a highly consumable, interactive, contextualized visual
interface as a solution to meet the public’s need to understand government
finances.
Demonstrated in 2023;
proposed in Optional
Capital Projects Explorer Organizes capital project data for public viewing, drill down capability. Demonstrated, proposed in
optional.
Economic Intelligence Economic Intelligence delivers leading indicator data to state and local
government leaders for measuring the impact of economic programs.
Packaging exclusive commercial economic data at the census-tract level in an
intuitive interface allows you to derive insights on day one and monitor
economic trends affecting your community
Demonstrated, not proposed
and not in optional in original
bid
COML Council Packet 5-28-24, Page 155 of 166
Additional
DocuSign Signature Service-
Annual Fee
Unlimited access
Tyler’s integration with Docusign Signature capture platform. Must be licensed
with Docusign to use.
Not demonstrated
Tyler Notify (additional SMS and
voice minutes available)
Tyler Notify is a platform designed specifically to work with Tyler products, and
allows users to create and send customized messages via phone, email and
text message in a secure, audited environment
Demonstrated and proposed;
useful for Utility Billing
automated messaging with
customers.
Additional Modules Not included
SnapLogic SnapLogic is integration platform as a service (IPaaS) Tyler supports that
utilizes fewer coding easier than ever to integrate your third-party software
with our powerful solutions reducing the amount of coding typically necessary
for API programming. The SnapLogic platform is HTML5-based and delivered
as a multi-tenant cloud service. It uses snaps to easily connect any
combination of SaaS and on-premises applications and data sources.
SnapLogic provides snaps for all styles of integration — batch, real-time, and
streaming for both structured and unstructured data.
Only necessary if APIs are
purchased and intended to be
used for integration purposes.
For now, standard imports and
exports are assumed for
integrations.
3rd Party Applicant Tracking API
Connector
API for connecting with third party AT systems; can use New Hire Import out of
the box.
Available as alternative to New
Hire Import
Accounts Receivable API Toolkit API for integration with third party AR systems Available as alternative to
import functionality
General Ledger API Toolkit API for integration with third party systems to update Tyler GL Available if import/export
functionality is not desired.
Recruiting API Toolkit API for integration with Tyler’s Recruiting system Not requested
COML Council Packet 5-28-24, Page 156 of 166
Tyler Detect
(now referred to as Managed
Detection and Response)
Single server module
Tyler’s cyber threat detection monitoring solution for across City’s entire
network. Available as a free 30 day trial upon contract execution
Not requested or proposed
Asset Mobile
Concurrent user based
Asset bar code scanning system ;
Barcode kit costs are provided in Hardware Section of quote.
Not proposed; not included in
Optional
Inventory & Inventory Mobile Munis Inventory manages all inventory accounting automatically,
including on-hand balances, month-to-date (MTD) and year-to-date
(YTD) values.; Inventory Mobile is the barcode scanning/printing
component
Not proposed; not included in
Optional
COML Council Packet 5-28-24, Page 157 of 166
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Kevin Fuhr, City Manager 17855
Brian Baltzell, Director Public Works
5/28/2024 Consent Agenda
Accept Northshore Lift Station Project (GC2021-035)
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends that City Council move to formally accept the Northshore Lift Station Project (GC2021-035)
Northshore Lift Final Pay Estimate.pdf 166.63KB
POW Contracting has completed the Northshore Lift Station Project. The project included construction of a new
lift station with increased capacity to serve the areas of the City north of the Alder Street Fill. The project also
included demolition of the old lift station. The project is complete and there are no outstanding punch list items.
Upon acceptance, the 60-day lien period for retainage release will begin, as required by Washington State Law.
Options and Results
Notification of Acceptance will be sent to the Contractor.
Staff will bring back options for recommended changes.
The project will not be formally accepted at this time.
COML Council Packet 5-28-24, Page 158 of 166
COML Council Packet 5-28-24, Page 159 of 166
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Kevin Fuhr, City Manager 17904
Brian Baltzell, Director Public Works
5/28/2024 Consent Agenda
Accept Improvements Laguna Park Short Plat
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
97,630.02$97,630.02$97,630.02$
Staff recommends City Council to Accept Improvements
GD2022-659 Lengo Const SP Sheet 1 Cover Sheet5.pdf 485.99KB
Laguna Park Short Plat Resolution.docx 16.74KB
The project is located approximately in the 3400 block of Sage Road. The development consisted of a six (6) lot
short plat of Grant County Parcel Number 110475106 with each parcel having street front on Sage Rd and one
lot having street frontage on both Sage Road and Blue Heron Lane. Water and sewer were extended to each of
the six (6) lots from existing water and sewer mains in the right-of-way. Street improvements were also
completed, which include sidewalk, curb, gutter, stormwater, and full-width paving from Laguna Dr. to Blue
Heron Lane.
The permitted project estimate was $185,460.80
The City will assume responsibility for the maintenance and operation of the improvements.
The City has agreed to pay the developer for half the cost of construction for the road improvements per the
Developer Extension Agreement executed on 04-15-2024, not to exceed Ninety-Seven Thousand Six Hundred
Thirty Dollars and Two Cents (97,630.02).
Options and Results
Accept the improvements and authorize the payment of the City's commitment for street improvements.
COML Council Packet 5-28-24, Page 160 of 166
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
Improvements will not be accepted new water and sanitary sewer services will not be put in service.
COML Council Packet 5-28-24, Page 161 of 166
COML Council Packet 5-28-24, Page 162 of 166
RESOLUTION NO. 3981
A RESOLUTION ACCEPTING UTILITY IMPROVEMENTS FOR MUNICIPAL USE AS PART OF THE LAGUNA PARK SHORT PLAT PROJECT
Recitals:
1. Utility improvements, lying in dedicated right-of-way or easements, are in place and connected to the City of Moses Lake’s utility systems as part of Laguna Park Short Plat project. The project included installing 50 feet of stormwater main, extending
sanitary sewer and water service lines to six (6) lots, sidewalk, curb, gutter, five (5) catch basins, a road bulb at the northeast corner of Laguna Drive and Sage Road, and full width paving from Laguna Drive to the end of Sage Road, which is approximately 550 feet. 2. Said utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards, such facilities being completed in March 2024. 3. RCW 35.90.030 indicates that public street and utility facilities, which are developer installed should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards.
4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year
maintenance period, which commences May 28th, 2024, resolution date.
Resolved:
1. The City Council of the City of Moses Lake accepts the utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After May 28th, 2024, all operational costs of said utility improvements shall be borne
by the City of Moses Lake as provided by city ordinance.
3. Subject to final inspection, after May 28th, 2026, all further maintenance and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on May 28, 2024.
______________________________ Dustin Swartz, Mayor
ATTEST:
_______________________________ Debbie Burke, City Clerk
COML Council Packet 5-28-24, Page 163 of 166
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, City Manager 17882
Madeline Prentice, Director Finance
5/28/2024 New Business
2024 Fee Schedule amendment
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Consider adoption of Resolution to amend the 2024 Fee Schedule.
Resolution Fee Schedule Amend - 05.28.2024.docx 23.7KB
During the 2024 budget process, Council approved a convenience fee charge to customers using online
payment portals when paying for City provided services and programs. The convenience fee charged is the
cost charged by the online service provider to use the online service. When a customer uses a credit card to
pay for a City provided service or program, the credit card fee is not being passed through to the customer, but
rather, the City has been absorbing the credit card fee. With the increasing use of credit cards to pay for
services and programs, the City's cost for credit card fees continues to increase. In an effort to reduce costs, we
are requesting Council approve an amendment to the 2024 fee schedule to assess credit card fees to the
customer, whether the payment is through an online service or over the counter.
For online services, the credit card fee would be charged to the customer by the online service provider at the
time the transaction is completed and is the negotiated rate with the online service provider (i.e., Utility
payments rate is 2.95%, minimum fee $1.95). For over-the-counter transactions, we are recommending a 3.5%
credit card fee with a $2.50 minimum charge when a customer uses a credit card to pay for the
service/program. When a customer pays using cash or check (ACH for online transactions), there would be no
fee to the customer.
COML Council Packet 5-28-24, Page 164 of 166
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The City would see cost savings of between $120,000 - $150,000 or more by passing the credit card fees to the
customer. For online utility payments, customers using a credit card to pay their utility bill would be charged
2.95% per transaction with a minimum fee of $1.95. If the customer chooses to pay their utility bill using
check/ACH through the online bill payment portal or over the phone, the City would be charged a flat $0.65 per
transaction. Customers paying their utility bill in person or via mail using cash or check would not be charged an
additional fee for the transaction, nor would the City incur a fee.
Customers utilizing the online portal to pay for permits, plan reviews, inspections, business licenses, etc. would
be charged a 3.50% fee with a $2.50 minimum. Rates for other online services (i.e. Parks programs) are
negotiated with the online service provider and varies depending on the transaction volume and amount but
does not exceed the 3.50%/$2.50 minimum fee.
Options and Results
The 2024 Fee Schedule will be amended.
Staff will bring back options for recommended changes.
The 2024 Fee Schedule will not be changed. The City would need to review rates in future budget years to
offset the cost of accepting credit card payments for services/programs.
COML Council Packet 5-28-24, Page 165 of 166
RESOLUTION 3982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOSES LAKE, WASHINGTON AMENDING THE CITY OF
MOSES LAKE 2024 FEE SCHEDULE
Recitals:
1. In connection with the municipal functions and operations of the City of Moses Lake, the
City requires certain fees; and
2. It is appropriate to review such fees and adjust appropriately to address costs; and
3. In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is
appropriate at this time to revise certain fees to compensate the City for costs associated with
various City functions and facilities.
4. Council approved annual increases with the adoption of Resolution 3966 on November 14,
2023.
Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MOSES LAKE:
Section 2. The following items will be added to the 2024 Fee Schedule:
Citywide Administrative Credit card transactions 3.50%/$2.50 minimum
Utility Utility bill pay Credit card transactions 2.95%/$1.95 minimum
Section 4. Severability. If any sections, sentence, clause, or phrase of this Resolution shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held
inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or
inapplicability shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Resolution or its application to any other person, property or
circumstance.
ADOPTED by the City Council on May 28, 2024.
________________________________________ Dustin Swartz, Mayor ATTEST:
____________________________________ Debbie Burke, City Clerk
COML Council Packet 5-28-24, Page 166 of 166