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Tyler Technologies - ERP Software as a Service Agreement (2020)• •••®•• y t ler .,.. • technologies 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 Services Agreement. • "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client" means City of Gilroy. • "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. • "Developer" means a third party who owns the intellectual property rights to Third Party Softwa re. • "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. • "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • "SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary. • "SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting or other professional services. • "SLA" means the service level agreement. A copy of our current SLA is attached hereto as Exhibit C. • "Statement of Work" means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E. • "Support Call Process" means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C. • "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable and attached as Exhibit D. • "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 Software" means the third party software, if any, identified in the Investment Summary. • "Third Party Services" means the third party services, if any, identified in the Investment Summary. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. • "Tyler Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • "we", "us", "our" and similar terms mean Tyler. • "you" and similar terms mean Client. SECTION B — SAAS SERVICES 1. Rights Granted. We grant to you the non-exclusive, non -assignable limited right to use the SaaS Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(8). 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. Software Warrantv. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process. 6. SaaS Services. 6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 18. 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. 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. 6.2 You will be hosted on shared hardware in a Tyler data center, but in a database dedicated to you, which is inaccessible to our other customers. 6.3 We 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 any of your Data has been lost or damaged due to an act or omission of Tyler or its subcontractors or due to a defect in Tyler's software, we will use best commercial efforts to restore all the Data on servers in accordance with the architectural design's capabilities and with the goal of minimizing any Data loss as greatly as possible. In no case shall the recovery point objective ("RPO") exceed a maximum of twenty-four (24) hours from declaration of disaster. For purposes of this subsection, RPO represents the maximum tolerable period during which your Data may be lost, measured in relation to a disaster we declare, said declaration will not be unreasonably withheld. 6.4 In the event we declare a disaster, our Recovery Time Objective ("RTO") is twenty-four (24) hours. For purposes of this subsection, RTO represents the amount of time, after we declare a disaster, within which your access to the Tyler Software must be restored. 6.5 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. 6.6 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific. Should you request a client -specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.7 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. 6.8 We provide secure Data transmission paths between each of your workstations and our servers. 6.9 Our data centers are accessible only by authorized personnel with a unique key entry. All other visitors 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. 6.10 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. SECTION C— OTHER PROFESSIONAL SERVICES 1. Other Professional Services. We will provide you the various implementation -related services itemized in the Investment Summary and described in the Statement of Work. After the Effective Date, and in coordination with the Project kickoff activities identified in the Statement of Work, we will make our project staffing assignments. After the effective date, and prior to the Project kickoff, 4 Tyler will provide the City with resumes for the proposed Project Manager(s) (specific to each functional implementation), and the proposed Implementation Consultants (specific to each project implementation, that will demonstrate relevant experience with past projects, for project team members that are allocated for onsite services. Based on resume review and reference checks, if the City has any concerns about the assigned resources, Tyler will work with the City to determine other options and provide additional resumes. If the City identifies any resumes as unacceptable, Tyler is to provide replacement resumes within ten (10) business days of notification. Replacement resumes shall have, at minimum, the reasonably equivalent experience and project knowledge as the resume being replaced. You agree that any resume provided to you by Tyler will only be used for project planning and staffing purposes as agreed to herein. Once our key project team members are assembled and your counterparts have been identified, both parties agree that, except for reasons outside of their control, the parties will not remove staff and personnel from their assigned project roles without providing at least seven (7) calendar days' notice and cause, and that they will work together to mitigate project impacts after any such removal. In the event Tyler personnel 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 ten (10) business days to address the issue(s). If any key project staff is to be removed, Tyler will provide the City with resumes for replacements. Replacement staff shall have, at minimum, the reasonably equivalent experience and project knowledge as the person being replaced. The City will again have the ability to accept them or not, using reasonable judgment, based on resume review and reference checks. If any resume is deemed unacceptable, Tyler will provide substitute(s), initially within ten (10) business days, until the City is comfortable with the proposed staff. The parties will work together to manage the project impact resulting from the temporary unavailability of project staff from either party. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good -faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. 3. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. 4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. E 5. Services Warrantv. 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). Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will: 9.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then -current version and the immediately prior version); 9.2 provide telephone support during our established support hours; 9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; 9.4 make available to you all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and 9.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with our then -current release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our 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 Partv Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. Third Partv 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. Third Partv 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 Partv Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third -party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy. SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Pavment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2). Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so. SECTION F — TERM AND TERMINATION 1. Term. The initial term of this Agreement is five (5) years from 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 according to the fee schedule in Exhibit B for years 6-10 and thereafter at our then -current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then - current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement. 2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2). 2.1 Failure to Pav 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 Maieure. 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 Fees for Termination without Cause duriniz Initial Term. If you terminate this Agreement during the initial term for any reason other than cause, Force Majeure, or lack of appropriations, or if we terminate this Agreement during the initial term for your failure to pay SaaS Fees, you shall pay us the following early termination fees: if you terminate during the first year of the initial term, 100% of the SaaS Fees through the date of termination plus 25% of the SaaS Fees then due for the remainder of the initial term; b. if you terminate during the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 15% of the SaaS Fees then due for the remainder of the initial term; and c. if you terminate after the second year of the initial term, 100% of the SaaS Fees through the date of termination plus 10% of the SaaS Fees then due for the remainder of the initial term. SECTION G — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Prooertv Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties, or your willful infringement. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. 2. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN -CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000 on a per occurrence basis; (b) Automobile Liability of at least $1,000,000 on a per occurrence basis; (c) Professional Liability of at least $1,000,000 on a claims made basis; (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. Tyler will provide the client notice within thirty (30) days of non-rewal or cancellation. Tyler agrees that Tyler's insurance coverage is primary for claims under Tyler's Commercial General Liability or Automobile policies that arise out of and relate to the contract and are between Tyler and the Client. We will provide you with copies of certificates of insurance upon your written request. SECTION H — GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and services at the rates 10 set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non -binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 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. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 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. Force Maieure. 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 Partv Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 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; (d) upon receipt by sender of proof of fax delivery; or (e) five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security 12 numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 22. 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 End User License Agreement, Doc Origin End User License Agreement, Quatred Exhibit E Statement of Work 13 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. By: Name: Rob Kennedv Je -en Title: Director of Contracts Date: February 7, 2020 Address for Notices: Tyler Technologies, Inc. One Tyler Drive Yarmouth, ME 04096 FAX: 207-518-4975 Attention: Chief Legal Officer Approved as to Form: Gilroy C ty Attorne 's Office By City Attorne City of Gilroy Name: ��alou iel F}-u�zalPz Title: Date: 7� CP Address for Notices: City of Gilroy 7351 Rosanna Street Gilroy, CA 95020-6196 Attention: Jimmy Forbis, Finance Director 14 • .... tyler • technologies 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. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. 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HO �, � N O IT m N Q Q p Et �L d N r` d Mtn idVN o o N w C%+ Yam, It 30- -58 y y tH H U G iJgw c) 4 oA d y i '2 O W d Ud a Inp � OF v A . �'� r. 6 7, o p u vt .� O y' O T �O N y v o O w os .� v , O G o 9% a y? y ani Ica �zr 4' ECG O^ Cd In fy 0 � �.` O y�+ O•` y V w IS01, O N✓ Y U ✓ O '3 p N °� d a� ° m v �" i c3ti fL fa � � N W i' ,• N •V � „ �, � Y ca o � � 7 � � p. o ... p. n • � •� a� G• � p � -4 y � �,� °> H ��d T 6� O t0•a YN m � � m ?ram' O o o P05a�i U I�cS w y N ij p a U � y y � � I � � i � � � �a • 0 � � ✓ o � o ,Uy U = 'e'a '� N *� n I cri- a% '3� IGi O vn Fon Y Y .� H O '� td O +�•+ N j p•', 'O `:, N N Y�. 'rI�„ - y I� 9 Ycd r cd N H.y a`ni O `� c4 4 v y N O y U y p G .� T w '10 Y'� m A G p r y p G n y ) �, d y y 'n Y d V U fiO A r Q y '¢ IT O tp to O � U1 cn » • t R r� b O O z M C O .d 'z a. � Y a to o w � �N•y U` ^O OU O N N a c t.O n ? `n " P: � O t/1 w •Y Y VI '� "' Y is, 42 o U (71 Nc 0 " o d °7 o cc°i Ccon to :d�n a & S —.. sx P. rAl � N • N H 4-+ N N ���' U� � �Ui O bn �, o r H 3 ay�.ey d o g 14 e� o •m o � � �. ^� G% rye � Y i7 Y 4'. � Q. •� V1 '� • N ' ,'�j ,� 515 4Y- O ccS O b o U (�- A'> V) Cod C > by •s'' v-+ lu U a� 4 v y Gn bA Y N > O F'i3y /' y., bh co p U o U 'O N id O c6 ^O U U err+ U 0 r, N R nrA o� b o Y cad H 0 M 7 w O C� co cz U LL OL 0 N N M o� N • ... tyler . • technologies 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. SaaS Fees. SaaS Fees, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement shall be invoiced as follows: (a) 50% of the total SaaS fees for the initial term on the Effective Date of the Agreement; and (b) the remaining 50% of the total SaaS fees, on a per module basis, upon the earlier of: (i) initiation of the phase in which the module is to be implemented as set forth in the Statement of Work as of the Effective Date; (ii) actual initiation of the phase in which the module is to be implemented. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will remain the same through the term for Year 7. Your annual SaaS fees will increase by 5% for Years 8, 9, and 10. Following Year 10, your SaaS fees will be at our then current rates. Annual SAAS fees by Year Year 1 $221,228.00 Year 2 $221,228.00 Year 3 $221,228.00 Year 4 $221,228.00 Year 5 $221,228.00 Year 6 $221,228.00 Year 7 $221,228.00 Year 8 $232,289 Year 9 $232,289 Year 10 $232,289 Additional then current rate future terms 2. Other Tvler Software and Services 2.1 VPN Device: The fee for the VPN device will be invoiced upon installation of the VPN. 2.2 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary. 2.3 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 16 the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.4 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. 2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement. 2.6 Other Fixed Price Services: Other fixed price services are invoiced upon complete delivery of the service. 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. 2.7 Change Management Services: If you have purchased any change management services, those services will be invoiced in the following amounts and upon the following milestones: Acceptance of Change Management Discovery Analysis 15% Delivery of Change Management Plan and Strategy Presentation 10% Acceptance of Executive Playbook 15% Acceptance of Resistance Management Plan 15% Acceptance of Procedural Change Communications Plan 10% Change Management Coach Training 20% Change Management After -Action Review 15% 3. Third Party Products. 3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading. 3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you for downloading. 3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary. 4. 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 17 then -current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. 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: Bank: Wells Fargo Bank, N.A. 420 Montgomery San Francisco, CA 94104 ABA: 121000248 Account: 4124302472 Beneficiary: Tyler Technologies, Inc. —Operating 18 • ••::•. Y t ler . • technologies 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. 19 2. Ground Transportation A. Private Automobile Mileage Allowance — Business use of an employee's private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a "mid -size" or "intermediate" car. "Full" size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately. D. Parking & Tolls When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows" or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. 20 Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 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 Defense 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 Dav Depart before 12:00 noon Depart after 12:00 noon Return Dav Return before 12:00 noon Return between 12:00 noon & 7:00 p.m Return after 7:00 p.m.* Lunch and dinner Dinner Breakfast Breakfast and lunch 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.* 21 *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner. 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. 22 • ..,.,. t y e . • technologies Exhibit C SERVICE LEVEL AGREEMENT 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. II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement. Attainment: The percentage of time the Tyler Software is available during a calendar quarter, with percentages rounded to the nearest whole number. 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 which the Tyler Software is not available for your use. Downtime does not include those instances in which only a Defect is present. Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure. III. Service Availability The Service Availability of the Tyler Software is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment. 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 incident number. You must document, in writing, all Downtime that you have experienced during a calendar quarter. You must deliver such documentation to us within 30 days of a quarter's end. The documentation you provide must evidence the Downtime clearly and convincingly. It must include, for example, the support incident number(s) and the date, time and duration of the Downtime(s). b. Our Responsibilities When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of a Client Error Incident or Force Majeure). We will also work with you to resume normal operations. Upon timely receipt of your Downtime report, we will compare that report to our own outage logs and 23 support tickets to confirm that Downtime for which we were responsible indeed occurred. We will respond to your Downtime report within 30 day(s) of receipt. To the extent we have confirmed Downtime for which we are responsible, we will provide you with the relief set forth below. C. Client Relief When a Service Availability goal is not met due to confirmed Downtime, we will provide you with relief that corresponds to the percentage amount by which that goal was not achieved, as set forth in the Client Relief Schedule below. Notwithstanding the above, the total amount of all relief that would be due under this SLA per quarter will not exceed 5% of one quarter of the then -current SaaS Fee. The total credits confirmed by us in one or more quarters of a billing cycle 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. Every quarter, we will compare confirmed Downtime to Service Availability. In the event actual Attainment does not meet the targeted Attainment, the following Client relief will apply, on a quarterly basis: 100% 98-99% Remedial action will be taken. 100% 95-97% 4% credit of fee for affected calendar quarter will be posted to next billing cycle 100% <95% 5% credit of fee for affected calendar quarter will be posted to next billing cycle You may request a report from us that documents the preceding quarter's Service Availability, Downtime, any remedial actions that have been/will be taken, and any credits that may be issued. IV. Applicability The commitments set forth in this SLA do not apply during maintenance windows, Client Error Incidents, and Force Majeure. We perform 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. V. Force Majeure You will not hold us responsible for not meeting service levels outlined in this SLA to the extent any failure to do so is caused by Force Majeure. In the event of Force Majeure, we will file with you a signed request that said failure be excused. That writing will at least include the essential details and circumstances supporting our request for relief pursuant to this Section. You will not unreasonably withhold its acceptance of such a request. 24 • ... t y e . • technologies Exhibit C Schedule 1 Support Call Process Support Channels Tyler Technologies, Inc. provides the following channels of software support: (1) Tyler Community — an on-line resource, 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. (2) On-line submission (portal) — for less urgent and functionality -based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website. (3) Email — for less urgent situations, users may submit unlimited emails directly to the software support group. (4) Telephone — for urgent or complex questions, users receive toll -free, unlimited telephone software support. Support Resources A number of additional resources are available to provide a comprehensive and complete support experience: (1) Tyler Website — www.tvlertech.com — for accessing client tools and other information including support contact information. (2) Tyler Community — available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase — A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates — where development activity is made available for client consumption Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday — Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler's holiday schedule is outlined below. There will be no support coverage on these days. New Year's Day Memorial Day Independence Day Labor Day Issue Handling Incident Tracking Thanksgiving Day Day after Thanksgiving Christmas Day Every support incident is logged into Tyler's Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using 25 the incident number, through the portal at Tyler's website or by calling software support directly. Incident Priority Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The client is responsible for reasonably setting 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 responses and resolutions. Priority Characteristics of Support Incident Level Support incident that causes (a) complete application failure or application unavailability; (b) 1 application failure or unavailability in Critical one or more of the client's remote location; or (c) systemic loss of multiple essential system functions. Support incident that causes (a) repeated, consistent failure of essential functionality affecting 2 more than one user or (b) loss or High corruption of Data. Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which 3 there is an existing circumvention Medium procedure. Resolution Targets Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of the support incident. 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. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. 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. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the support incident. 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. For non - hosted customers, Tyler's responsibility for lost or corrupted Data is limited to assisting the client in restoring its last available database. Support incident that causes failure Tyler shall provide an initial response to Priority 4 of non -essential functionality or a Level 4 incidents within two (2) business Non- cosmetic or other issue that does days. Tyler shall use commercially reasonable critical not qualify as any other Priority efforts to resolve such support incidents, as well as Level. cosmetic issues, with a future version release. lO Incident Escalation Tyler Technology's software support consists of four levels of personnel: (1) Level 1: front-line representatives (2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues (3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client's needs. On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods: (1) Telephone — for immediate response, call toll -free to either escalate an incident's priority or to escalate an issue through management channels as described above. (2) Email — clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal — clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number. Remote Support Tool Some support calls require further analysis of the client's database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Support is able to quickly connect to the client's desktop 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. 27 •�;�� �� f, tyler .,. . technologies Exhibit D End User License Agreement: Doc Origin REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 28 ATTENTION: TH= SOFTWARE PROVIDED UNDER. THIS AGREEMENT IS BEING LICENSED TO YOU BY ECLIPSE CORPORATION WSL, INC. (Eclipse Corporation) AND IS NOT BEING SOLD. THIS SOFTWARE IS PROVIDED ENDER THE FOLLOWING AGREEMENT THAT SPECIFIES WHAT YOU MAY DO WITH THE SOFTWARE AND CONTAINS IMPORTANT LiA11TATIONS ON REPRESENTATIONS. WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES. DocOriain SOFTWARE LJCENSE IMPORTANT -READ CAREFULLY: This End -User License .Agreement ("Agreement° or 'EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Eclipse Corporation WSL, Inc_ referred to in this EULA as Eclipse Corporation, for the DocOrigin software product that accompanies this EULA, including any associated media, printed materials and electronic documentation (the "Software")_ The Software also encompasses any software updates, add -on components, web services andlor supplements that may be provided to you or made available to you after the date you obtain the initial copy of the aof.w,are to the extent that such items are not accompanied by a separate license agreement or terms of use. If you receive the Software under separate terms from your distributor, those terms Will take precedence over any conflicting terms of this EULA_ By installing, copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do no' agree to the terms of this EULA, do not install, access or use the Software: instead, you should remove the Software from all systems and receive a full refund. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT AND WARRANT THAT (1) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THJS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER. 1. LICENSE TERMS 1.1 In this Agreement a 'License Key' means any license key, activation code, or similar installation, access or usage control codes, including serial numbers digitally created and or provided by Eclipse Corporation ,designed to provide unlocked access to the So -ware and its functionality. 1.2 Evaluation License. Subject to all of the terms and conditions of this Agreement, Eclipse Corporation grants You a limited, royalty free, non-exclusive, non -transferable license to download and install a copy of the Software from wwrw.docorigin.com on a single machine and use it on a royalty -free basis for no more than 120 days from ;he date of installation (the 'Evaluation Period"). You may use the Software during the Evaluation Period solely for the purpose of testing and evaluating it to determine if You Wish to obtain a commercial, production license for the Software. This evaluation license grant will automatically end on expiry of the Evaluation Period and you acknowledge and agree that Eclipse Corporation will be under no obligation to renew or extend the Evaluation Period. If you wish to continue using the Software You may, on payment of the applicable fees, upgrade to a full license (as further described in section 1.3 below) on the terns of this Agreement and will .be issued with a License Key for the same. If you do not wish to continue to license the Software after expiry of the Evaluation Period, then You agree to comply with the termination obligations set out in section [7.3] of this Agreement. For greater certainty, any document generated by you under an evaluation license will have a 'spoiler+ or watermark on the output document_ Documents generated by DocOngin soltware that has a valid 'license key file also installed will not have the 'spoiler produced. You are ;not pennired to remove the watermark or 'spoiler' from documents venerated using the software under an evaluation license. 1.3 Development and Testing Licenses- Development, and testing licenses are available for purchase through authorized distributors and reseilers of Eclipse Corporation only. Subject to all of the terns and conditions of this Agreement, Eclipse Corporation grants You, a perpetual (subject to termination by Eclipse Corporation due to your breach of the terms of this Agreement), non-exclusive, non transferable, worldwide 29 non -sub license able license to download and install a copy of the Software from www.docorigin.com on a single machine .and use for development and testing to create collateral deployable to Your production systems)_ You are not entided to use a development and testing license for live production purposes- 1.4 Production Licenses. Production licenses are available for purchase through authorized distributors and resellers of Eclipse Corporation only. Subject to all of the terms and conditions of this Agreement, Eclipse Corporation grants You, a perpetual (subject to termination by Eclipse +Corporation due to your breach of the terms of this Agreement), non-exclusive, non transferable, worfdwide non -sub license able license to use the Software in .accordance with the license type purchased by you as set out on your purchase order as further described below. For greater certainty, unless otherwise agreed in a purchase order concluded with an approved distributor of the Software. and approved by Eclipse Corporation, the default license to the Software is a per -CPU license as described in A. below - A. Per -CPU. The total number of CPUs on a computer used to operate the Software may not exceed the licensed quantity of CPUs_ For purposes of this license metric: (a) CPUs may contain more than one processing core, each group of two (2) processing cores is consider one (1) CPU-. and any remaining unpaired ;processing core, will be deemed a CPU_ (b) all CPUs on a computer on which the Software is installed shall be deemed to operate the Software unless You configure that computer (using a reliable and verifiable means of hardware or software partitioning) such that the total number of CPUs that actually operate the Software is less than the total number on that computer_ Virtual Machines ('Ws') .are considered as a server. Installing and configuring the software on multiple V'Ml's requires one license ,per VMi server. An enterprise license is available upon request. Pricing varies based on the size of the company. B. Per -Document- This is defined as a fee per document based on the total number of documents genera-ed annually by merging data with a template created by the Software. The combined data and template produce documents of one or more pages..A document may contain 1 or more pages- For instance, a batch of invoices for 250 customers may contain 1.000 pages, this wall be counted as 250 documents which should correspond to 250 invoices- C. Per -Surface_ This is defined as a fee per surface based on the total number of surfaces generated annually by merging data with a template created by the Software. The combined data and template produce documents of one or more pages, the pages may be printed one side (one surface) or duplexed (2 surfaces). The documents may "be rendered to a computer file (ie. PDF), each page placed in the file is considered a surface- A document may contain 1 or more surfaces. For instance, a batch of invoices for 25D customers may contain 500 pages duplexed, this will be counted as 1000 surfaces. 1.5 Disaster Recovery License_ You may request a Disaster Recovery license of the Software four each production license You have purchased as a failover in the event of loss of use of the production server(s). This license is for disaster recovery ;purposes only and under no circumstance may the disaster recovery license be used for production simultaneously with a production license With which it is paired_ 1.6 Backup Copies. After installation of the Soy are pursuant to this EUL.A., you may store a copy of the installation files for the Software solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Sc—ware or the printed materials accompanying the Software_ 1.7 Third -Party Software License Flights. If a separate license agreement pertaining to an item of third -party software is: delivered to You with the Sotware, included in the Software download package, or referenced in any material than: is provided with the Software, then such separate license agreement shall govern Your use of that item or version of Third -Party So —Ware. Your rights in respect to ,any third -party software, third -party data, third -party software or other third -party content provided with the Software shall be limited to those rights necessary o operate he Software as permitted by this Agreement. No other hghts in the ;Software or third -party software are granted to You. gm 2. LICENSE RESTRICTIONS Any copies of The :Software shall include all trademarks, copyright notices, restricted rights legends, proprietary markings and the like exactly as they appear on the copy of the Software originally provided to 'You_ You may no. remove or alter any copyright, trademark and/or proprietary notices marked on any part of the Software or related documentation and must reproduce all such notices on all authorized copies of the Software and related documentation. You shall not sublicense, distribute or otherwise make the Software available to any third party finduding, without limitation, any contractor, franchisee, agent or dealer) without first obtaining the written .agreement of (a) Eclipse Corporation to that use, and (b) such third party to comply with this Agreement. You further agree not to (i) rent, lease, sell, sublicense, assign, or otherwise transfer the Software to anyone else; (ii) directly or indirectly use the Software or any information about the Software in the development of any software that is competitive with the Software, or (iii) use the Software to operate or as a par of a time-sharing service, outsourcing service, service bureau, application service provider or managed service provider offering. You further agree not to reverse engineer, decompile, or disassemble the Software. 3. UPDATES, MAINTENANCE AND SUPPORT 3.1 During the validity period of Your License Key, You will be entitled to download the latest version of the Software from the DocOrigin website www_docodgin.com. Use of arty updates (provided to You shall be governed by the terms and conditions of this Agreement. Eclipse Corporation reserves the right at any time to not release or to discontinue release of any Software and to alter prices, features, spedificadons, capabilities, functions, Licensing terms, release dates, general .availability or other characteristics of the Software. 3.2 On expiry of your maintenance and support contract, you will have the right to continue using the current version(s) of the Software Which you downloaded prior to the date of expiry of your License Key. However, you will need to renew maintenance ,and support in order to receive a new License 'Key that will unlock the more current version(s) of the Software. For greater certainty, if you attempt to use an expired License Key to download the latest version of the Software, the Software will revert to being a lodged, evaluation copy of that version of the Software. 4_ INTELLECTUAL PROPERTY RIGHTS. This EULA does not grant you any rights in connection with any trademarks or service marks of Eclipse Corporation or DocOrigin. All title and intellectual property rights in and to the Software, the accompanying printed materials, and any copies of the Software are owned by Eclipse Corporation or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and maybe protected by applicable copyright or other intellectual property laws and treaties. This EULrA grants you no rights to use such content. If this Software contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. 5. DISCLAIMER OF WARRANTIES. TO THE GREATEST EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE AND TECHNICAL SUPFC�F- DROVIDED BY ECLIPSE CORPORATION :-4EREUNDER ARE PROVIDE_ ON AN 'AS IS" BASIS AND--IEP,E ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING IBY STATUTE, OPERATION OF LAW, ,COURSE OF DEALING, USAGE OF TRADE CAR OTHERWJSE, REGARDING THEM OR ANY OTHER PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT OR IN CONNEC710M WITH THIS AGREEMENT BY ECLIPSE CORPORATION ECLIPSE CORPO€2ATION DISCLAIM ANY IMPLIED WARRANTIES OR CON0171ONS OF QUALITY, MERCHANTABILITY, MERCHANTABLE OU-ALITY, DJP,ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT. ECLIPSE CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE SHALL MEET ANY OR ALL OF YOUR PARTICULAR REQUIREMENTS, THAT THE SOFTWARE WILL OPERATE P,ROR-FREE OR UNINTERRUPTED OR THAT ALL ERRORS OR DEFECTS IN THE OF'rNAP,E CAN BE FOUND OR CORRECTC_ ;. In certain jurisdictions, some or all of the provisions in this Section may not be effective orthe applicable law may mandate a more extensive warranty in which case the applicable Jaw will prevail over this Agreement. 31 6. INDEMNIFICATION & LIMITATIONS OF LIABILITY. 8.1 Eclipse Corporation shall defend and/or settle at its expense, any claims, actions, allegations or proceedings against You to the extent arising out of or relating to misappropriation or infringement by the Software of any third party's proprietary or intellectual property right {`C1a'uns ), and Eclipse Corporation shall pay all damages finally awarded by a court of competent jurisdiction to such third patty against You, or any settlement amounts agreed by Eclipse Corporation; subject to the conditions that, You shall notify Eclipse Corporation promptly of any You Claims, permit Eclipse Corporation to control the defense and settlement of such Claims and assist Eclipse Corporation, at Eclipse Corporation's expense, in defending or settling such Claims. Eclipse Corporation shall not be liable for any settlement amounts entered into by You without Eclipse Corporation's prior written approval. If Eclipse Corporation has reason to believe that it would be subject to an injunction or continuing damages based on the :Software, then Eclipse Corporation may (and I Eclose Corporation or any of its customers or third party .software suppliers is subject to an injunction or continuing damages based on the Software), then notwithstanding any other provision in this Agreement, Eclipse Corporation shall be entitled to either modify the Software to make it nonanfringing and/or remove the misappropriated material, replace the Software or portion thereof with a service or materials that provide substantially the same functionality or information, or, if neither of the foregoing is commercially (practicable, require You to cease using the Software and refund to You dal a pro rata portion of any one (1) time fees :(based on a three (3) year, straight-line depreciation schedule from the date of payment), and (b) any flees that have been pre -paid by You but are unused. The foregoing notwithstanding, Eclipse Corporation shall have no liability for a claim of infringement or misappropriation to the extent caused :by (i) the combination of the Software with any other service, software, data or products not provided or approved by Eclipse Corporation: or (ii) the use of any material provided by You or any end Users, (ii.i) any breach by You of this Agreement. THE FOREGOING IS ECLIPSE CORPORATION'S .SOLE AND EXCLUSIVE .LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OR MISAPPROPRIATION OF ANY THIRD -PARTY INTELLECTUAL PROPERTY RIGHTS. TO TIPIE GREATEST EXTENT PERMITTED iBY APPLICABLE LAW. IN NO EVENT SFLALL ECLIPSE CORPORATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNiTIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LEGAL EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOST OR DAMAGED DATA, LOSS OF COMPUTER TIME, COST OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ECLIPSE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OP.. DAMAGES, OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE. 6.2 THE ENTIRE LIABILITY OF ECLIPSE CORPORATION AND YOUR=>:CL'iJSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND TECHNICAL SUPPORT AND ANY OTHER, PRODUCTS OR SERVICES SUPPLIED BY ECLIPSE CORPORATION IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL 'BREACH OR NEGLIGENCE, WILL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS PAID BY YOU FOR THE SOFTWARE, TECHNICAL SUPPORT OR SERVICES GIVING RISE TO THE CLAIM. 6.3 THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEfr1ENT. YOU ACKNOWLEDGE THAT BUT FOR THE [DISCLAIMER ,`,= REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER ECLIPSE CORPORATION NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT. 7. TERM AND TERMINATION 7.1 The term of this Agreement will begin on download of the Software and, in respect of an Evaluation License, shall continue for the Evaluation Period, and in respect of all other license types defined in Section 1, shall continue for as long as You use the Software, unless earlier terminated sooner under this section 7. 7.2 Eclipse Corporation may terminate this Agreement in the event of any breach by You if such breach has not been cured within thirty (30) days of notice to You. No termination of :his Agreement will entirJe Y'ou to a refund & any amounts paid by You to Eclipse Corporation or its applicable distributor or reseller or affect any obligations You may have to pay any outstanding amounts owing to Eclipse Corporation or its distributor. 32 7.3 Your rights to use the Software will immediately terminate upon termination or expiration of this Agreement Within thirty (30) days of termination or expiration of this agreement, You shall purge all Software and all copies thereof from all computer systems and storage devices on which it was stored, and certify such to Eclipse Corporation 8. 'GENERAL PROVISIONS 8.1 'No Waiver. No delay or failure in exercising any right under this ,'agreement, or any partial -or single exercise of any right, will constitute a waiver of that right or any other rights under this Agreement. 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This Agreement is binding upon and will inure to the benefit of Loth parties, and their respective successors and permitted assigns. 8.4 G.ovenning Law and Venue if You are located in the USA_ This Agreement shall be governed by the laws of the State of Texas cif You are located in the USA_ No choice of laws rules of any jurisdiction shall apply to this Agreement You consent and agree that the courts of the State of Texas shall have jurisdiction over any ilegal action or proceeding brought by You arising out of or relating to this Agreem-em. and You consent to the jurisdiction of such courts for any such action or proceeding. 8.5 Governing Law and Venue if You are not located in the USA. This Agreement shall The governed by the laws of the Province of Ontario in Canada if You are not located in the USA . 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Last Updated: July 22, 2017 33 • •••'•• tyler • technologies Exhibit D End User License Agreement: Quatred REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 34 Quatred End User License Agreement (EULA) OTTA'ER.SHIP OF QUICKg SOFTTV4RE You acknowledge and agree that all of the computer programs and associated documentation regarding QUIC'KI software (collectively, the "Sofhvare") are oNwned exclusively by Quatred, LLC. You agree that the price paid by you for the Software is a license fee granting you only the rights set forth in this License Agreement. LICEA,'SE Sufi ect to the provisions of this Agreement. Quatred. LLC grants to you. and you accept, a perpetual. irrevocable, royalty -free, non-exclruive, license to use the Software, ire nn<achine-readable, object code foam only- You agree to use the Sofh are only as authorized in this License Agreement_ This License Agreement does not cone-ey to you ,any oxk nerslup rights or any other interest in the Software. .SCOPE OF LICENSE Even though the Sofhvare represents all of the computer programs and associated documentation regarding QUICKI software (collectively, the "Softare"), there are thwo distinct components of the softvare that are licensed: 1) Web seri-ices component - This component duns on a designated web application server and manages communications between mobile computers and a selected back end host system. The Web ser-iices component is licensed to be installed and utilized only on web application servers owned, leased. rented and!or operated by s ou. 2) Mobile computer component - This component runs on mobile computers and is the user interface for integration to a selected back end host system. The \Iobile computer component is licensed to be installed and used on mobile computers owned. leased, rented and./or operated by you. You nuiy not copy or make any changes or modifications to the Software, and you rmy not translate, decornpile, disassemble, or otheriwise reverse engineer the computer programs). You may not lend, rent, lease or sublicense the Software or any copy to others for any purpose. You agree to use all reasonable efforts to protect the Software from imauthomed use, modification, reproduction, distribution or publication. You are not pern fitted to make any uses or copies of the Software that are not specifically authorized by the teens of this License Agreennernt, aid Quatred, LLC resen-es all righits that are not expressly, grunted to you. Your adherence to this License Agreement will allow Quitred, LLC to continue developing innovative and usefiil products and providing a high level of Customer service and support. rER17 This license will become effective on the date you acquure the Software and -'will remain m force until terminated. You may- terms- nate the license at any time by rennovuig the Software from your computers) and destroying the original Software and all copies. This license will automatically terminate if you breach any of the terYnis or conditions set out in this License Agreement. You agree to remove the Software from your computer(s), and either to destroy the original Soft<wae and all copies of the Software or to return the Software to Quatred, LLC. upon ter7nunation of this license for any reason. M TRANSFER Provided the Software has not been installed on a computer(s), you may transfer your license of the Software to another party by transferring the original program media and all applicable doc.tuuentation, including the original of this License Agreement to the recipient who agrees to the terms of this Agreement. All other copies of the Software must be deleted and/or destroyed. Any transfer of possession of the Software teminates your license and all associated benefits under this License Agreement. You must notify Quatred, LLC in writing or by email of such transfer. You may not transfer your license to another party onceyou have installed the software on a computer(s). You may not transfer your license to another party by selling or transferring ownersllip of tl 1 e computer(s) on which the Softare is installed. The Software must first be installed from any computer(s) on which the Software is installed before transferring ownership of the computer(s). Your software license is temlinated upon sale or transfer of the computer(s) on which the Software is installed. BACKUP COPY You may make one copy of this Software solely for backup or archival purposes. LIMITED WARRANTY Quatred, LLC warrants the physical program media to be free from, defects for a period of 90 days from the date of your purchase. If you notify Quatred, LLC of defects during the warranty period, Quatred, LLC will replace the defective program media or, at its option, refund the purchase price. Your remedy for breach of this warranty shall be limited to replacement or refund and shall not encompass any other damages. No dealer, distributor, agent or employee of Quatred, LLC is authorized to make any modification or addition to the warranty and remedies stated above. Quatred, LLC specifically disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Quatred, LLC does not provide any warranty as to the operation of the software or its fitness for any particular application, use or purpose. LIMITATIONS OF LIABILITY AND REMEDIES In no event shall Quatred, LLC or its licensors be liable for any loss of profit or any other commercial damages, including but not limited to special, incidental, consequential, ptulitive or other damages, even if Quatred, LLC or its licensors are advised, in advance, of the possibility of such damages. In no event shall the liability of Quatred, LLC or its licensors exceed the purchase price paid for the Software. OTHER TERMS AND CONDITIONS You agree to install this software ONLY on a computer(s) that you own or on a computer which you have been given explicit pemlission to install. You agree to NOT install this software on any computer(s) you do not own or on any computer you have not been given explicit permission to install. 36 • •• ® tyler • technologies Exhibit E Statement of Work 37 Statement of Work Tyler Technologies Prepared for: City of Gilroy, CA 7351 Rosanna St., Gilroy, CA 95020 Prepared by: Carrie Giesy One Tyler Drive, Yarmouth, ME 04096 Tyler Technologies, Inc. www.tylertech.com • Revised: 9/12/2019 �0 :• tyler Table of Contents 1 Executive Summary............................................................................................................................... 6 1.1 Project Overview........................................................................................................................... 6 1.2 Product Summary......................................................................................................................... 6 1.3 Project Timeline............................................................................................................................ 7 1.4 Project Methodology Overview.................................................................................................... 7 2 Project Governance.............................................................................................................................. 8 2.1 Client Governance......................................................................................................................... 8 2.1.1 Client Project Manager.........................................................................................................8 2.1.2 Steering Committee.............................................................................................................. 8 2.1.3 Executive Sponsor(s)............................................................................................................. 9 2.2 Tyler Governance..........................................................................................................................9 2.2.1 Tyler Project Manager........................................................................................................... 9 2.2.2 Tyler Implementation Management.....................................................................................9 2.2.3 Tyler Executive Management............................................................................................... 9 2.2.4 Tyler Escalation Process........................................................................................................ 9 2.3 Acceptance and Acknowledgment Process................................................................................10 3 Overall Project Assumptions............................................................................................................... 11 3.1 Project, Resources and Scheduling.............................................................................................11 3.2 Data Conversion.......................................................................................................................... 12 3.3 Data Exchanges, Modifications, Forms and Reports..................................................................12 3.4 Hardware and Software..............................................................................................................13 3.5 Education.................................................................................................................................... 13 4 Implementation Stages....................................................................................................................... 14 4.1 Work Breakdown Structure (WBS).............................................................................................14 4.2 Initiate & Plan (Stage 1) — PMI Initiate and Plan......................................................................... 16 4.2.1 Tyler Internal Coordination & Planning.............................................................................. 16 4.2.2 System Infrastructure Planning........................................................................................... 17 4.2.3 Project/Phase Planning....................................................................................................... 18 4.2.4 Project Schedule................................................................................................................. 19 2/63 tyler 4.2.5 Stakeholder Presentation................................................................................................... 20 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance..............................................................21 4.3 Assess & Define (Stage 2) — PMI Execution................................................................................. 22 4.3.1 Fundamentals Review.........................................................................................................22 4.3.2 Current/Future State Analysis............................................................................................. 23 4.3.3 Data Conversion Planning & Mapping................................................................................24 4.3.4 Standard 3rd Party Data Exchange Planning...................................................................... 25 4.3.5 Modification Analysis & Specification, if contracted.......................................................... 26 4.3.6 Forms & Reports Planning.................................................................................................. 27 4.3.7 System Deployment............................................................................................................28 4.3.8 Control Point 2: Assess & Define Stage Acceptance...........................................................29 4.4 Build & Validate (Stage 3) — PMI Execution................................................................................ 31 4.4.1 Configuration & Power User Training.................................................................................31 4.4.2 Data Conversion & Validation............................................................................................. 32 4.4.3 Standard 3rd Party Data Exchange Validation....................................................................33 4.4.4 Modification Delivery & Validation, if contracted..............................................................34 4.4.5 Forms & Reports Validation................................................................................................35 4.4.6 Control Point 3: Build & Validate Stage Acceptance...........................................................36 4.5 Final Testing & Training (Stage 4) — PMI Monitor and Control ................................................... 37 4.5.1 Cutover Planning................................................................................................................. 37 4.5.2 User Acceptance Testing(UAT)...........................................................................................38 4.5.3 End User Training................................................................................................................39 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance...............................................40 4.6 Production Cutover (Stage 5) — PM Monitor and Control.........................................................41 4.6.1 Final Data Conversion, if applicable....................................................................................41 4.6.2 Production Processing & Assistance...................................................................................42 4.6.3 Transition to Tyler Support.................................................................................................43 4.6.4 Schedule Post -Production Services, if applicable...............................................................44 4.6.5 Control Point 5: Production Cutover Stage Acceptance.....................................................46 4.7 Phase/Project Closure (Stage 6) — PMI Closure..........................................................................47 4.7.1 Close Phase/Project............................................................................................................ 47 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance.................................................48 3/63 ••�•� tyler • 5 Roles and Responsibilities................................................................................................................... 49 5.1 Tyler Roles and Responsibilities..................................................................................................49 5.1.1 Tyler Executive Management.............................................................................................49 5.1.2 Tyler Implementation Management...................................................................................49 5.1.3 Tyler Project Manager.........................................................................................................49 5.1.4 Tyler Implementation Consultant.......................................................................................50 5.1.5 Tyler Sales........................................................................................................................... 51 5.1.6 Tyler Software Support....................................................................................................... 51 5.2 City of Gilroy Roles and Responsibilities..................................................................................... 51 5.2.1 City of Gilroy Executive Sponsor......................................................................................... 51 5.2.2 City of Gilroy Steering Committee...................................................................................... 52 5.2.3 City of Gilroy Project Manager............................................................................................ 52 5.2.4 City of Gilroy Functional Leads............................................................................................ 53 5.2.5 City of Gilroy Power Users.................................................................................................. 54 5.2.6 City of Gilroy End Users....................................................................................................... 54 5.2.7 City of Gilroy Technical Support.......................................................................................... 54 5.2.8 City of Gilroy Upgrade Coordinator.................................................................................... 55 5.2.9 City of Gilroy Project Toolset Coordinator.......................................................................... 55 5.2.10 City of Gilroy Change Management Lead........................................................................... 55 6 Munis Conversion Summary............................................................................................................... 56 6.1 Accounting COA.......................................................................................................................... 56 6.2 Accounting - Actuals................................................................................................................... 56 6.3 Accounting - Budgets.................................................................................................................. 56 6.4 Accounts Payable Master............................................................................................................ 56 6.5 Accounts Payable - Checks.......................................................................................................... 56 6.6 Accounts Payable - Invoices........................................................................................................ 56 6.7 Contracts.....................................................................................................................................56 6.8 Capital Assets Master.................................................................................................................. 57 6.9 General Billing CID....................................................................................................................... 57 6.10 Project Grant Accounting............................................................................................................ 57 6.11 Project Grant Accounting - Actuals............................................................................................. 57 6.12 Project Grant Accounting — Budget............................................................................................ 57 • 4/63 tyler • 6.13 Purchase Orders.......................................................................................................................... 57 6.14 Payroll.........................................................................................................................................57 6.15 Payroll - Deductions....................................................................................................................58 6.16 Payroll —Accrual Balances...........................................................................................................58 6.17 Payroll —Accumulators............................................................................................................... 58 6.18 Payroll — Check History............................................................................................................... 58 6.19 Payroll — Earning/Deduction Hist................................................................................................ 58 6.20 Payroll — Recruiting..................................................................................................................... 58 6.21 Payroll — PM Action History........................................................................................................ 58 6.22 Payroll — Position Control............................................................................................................ 58 6.23 Payroll — State Retirement Tables............................................................................................... 58 6.24 Payroll — Certifications................................................................................................................ 59 6.25 Payroll — Education..................................................................................................................... 59 6.26 Utility Billing................................................................................................................................ 59 6.27 Utility Billing—Services................................................................................................................59 6.28 Utility Billing—Assessments........................................................................................................ 59 6.29 Utility Billing —Consumption History...........................................................................................59 6.30 Utility Billing —Balance Forward AR............................................................................................. 59 6.31 Utility Billing —Service Orders......................................................................................................59 6.32 Utility Billing—Backflow.............................................................................................................. 60 7 Glossary ...............................................................................................................................................61 5/63 00 . tyler i's ­—:1.1;�- 1 Executive Summary 1.1 Project Overview The Statement of Work (SOW) documents the Project Scope, methodology, roles and responsibilities, implementation Stages, and deliverables for the implementation of Tyler products. The Project goals are to offer City of Gilroy, CA the opportunity to make the City of Gilroy more accessible and responsive to external and internal customer needs and more efficient in its operations through: • Streamlining, automating, and integrating business processes and practices • Providing tools to produce and access information in a real-time environment • Enabling and empowering users to become more efficient, productive and responsive • Successfully overcoming current challenges and meeting future goals 1.2 Product Summary Below, is a summary of the products included in this Project, as well as reference to the City of Gilroy's functional area utilizing the Tyler product(s). Refer to the Implementation Stages section of this SOW for information containing detailed service components. 1 Financials • Accounting General Ledger March January • Accounts Payable 2020 2021 • Bid Management • Budgeting • Capital Assets • Cash Management • Contract Management • Project & Grant Accounting • Purchasing • eProcurement • Accounts Receivable • General Billing • Tyler Cashiering • Quatred Asset Scanning Interface • CAFR Statement Builder (post -live) System Wide • Munis Analytics & Reporting o Tyler Reporting Services o Munis Office o HUB • Tyler ReadyForms Processing • Tyler Content Manager SE 6/63 tyler 2a Human Capital • Payroll w/Employee Self Service October July 2021 Management • HR & Talent Management 2020 • ExecuTime Time & Attendance • Employee Expense Reimbursement • Recruiting 2b Human Capital • ExecuTime Advanced Scheduling July 2021 November Management 2021 3 Utility Billing • Utility Billing CIS March December • UB Interface 2021 2021 • Central Property File • Citizen Self Service 1.3 Project Timeline The Project Timeline establishes a start and end date for each Phase of the Project. Developed during the Initiate & Plan Stage and revised as mutually agreed to, if needed, the timeline accounts for resource availability, business goals, size and complexity of the Project, and task duration requirements. 1.4 Project Methodology Overview Tyler bases its implementation methodology on the Project Management Institute's (PMI) Process Groups (Initiating, Planning, Executing, Monitoring & Controlling, and Closing). Using this model, Tyler developed a 6-stage process specifically designed to focus on critical project success measurement factors. 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 Gilroy's complexity, and organizational needs. 7/63 ••., tyler • 2 Project Governance The purpose of this section is to define the resources required to adequately establish 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 also defines the structure for issue escalation and resolution, Change Control review and authority, and organizational Change Management activities. The preliminary governance structure establishes a clear escalation path when issues and risks require escalation above the project manager level. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The path below illustrates an overall team perspective where Tyler and the City of Gilroy collaborate to resolve project challenges according to defined escalation paths. In the event project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City of Gilroy steering committee become the escalation points to triage responses prior to escalation to the City of Gilroy 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 Gilroy and Tyler executive sponsors serve as the final escalation point. 2.1 Client Governance Depending on the City of Gilroy's organizational structure and size, the following governance roles may be filled by one or more people: 2.1.1 Client Project Manager The City of Gilroy's project manager(s) coordinate project team members, subject matter experts, and the overall implementation schedule and serves as the primary point of contact with Tyler. The City of Gilroy project manager(s) will be responsible for reporting to the City of Gilroy steering committee and determining appropriate escalation points. 2.1.2 Steering Committee The City of Gilroy steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation of the Project's value throughout the organization. Oversees the City of Gilroy project manager(s) and the Project and through participation in regular internal meetings, the City of Gilroy steering committee remains updated on all project progress, project decisions, and achievement of project milestones. The City of Gilroy steering committee also provides support to the City of Gilroy project manager(s) by communicating the importance of the Project to all impacted departments. The City of Gilroy steering committee is responsible for ensuring the Project has appropriate resources, provides strategic direction to the project team, for making timely decisions on 8/63 •.::., tyler •� technologies critical project issues or policy decisions. The City of Gilroy steering committee also serves as primary level of issue resolution for the Project. 2.1.3 Executive Sponsor(s) The City of Gilroy's executive sponsor provides support to the Project by allocating resources, providing strategic direction, and communicating key issues about the Project and the Project's 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, in order 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 Gilroy steering committee, project manager(s), and functional leads to make critical business decisions for the City of Gilroy. 2.2 Tyler Governance 2.2.1 Tyler Project Manager The Tyler project manager(s) have direct involvement with the Project and coordinates Tyler project team members, subject matter experts, the overall implementation schedule, and serves as the primary point of contact with the City of Gilroy. As requested by the City of Gilroy, the Tyler project manager(s) provide regular updates to the City of Gilroy's steering committee and other Tyler governance members. 2.2.2 Tyler Implementation Management Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. Tyler project manager(s) consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler project manager(s) or with the City of Gilroy management, as appropriate. Tyler executive management is the escalation point for any issues not resolved at this level. The name(s) and contact information for this resource will be provided and available to the project team. 2.2.3 Tyler Executive Management 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, in order to escalate and facilitate implementation project tasks and decisions. The name(s) and contact information for this resource will be provided and available to the project team. 2.2.4 Tyler Escalation Process The Escalation Path is noted below. The names of the Tyler employees currently in these roles will be noted on the project Share Point site. Escalated issues will be tracked via the Issues and Actions list which will set a mutually agreed upon date for response. 9/63 00 !0. 0 tyler 1. Tyler Project Manager 2. West Coast Regional Director 3. West Territory Senior Director 4. VP of Implementation for ERP and Schools 5. President of ERP and Schools 2.3 Acceptance and Acknowledgment Process All Deliverables and Control Points must be accepted or acknowledged following the process below. Acceptance requires a formal sign -off while acknowledgement may be provided without formal sign -off at the time of delivery. The following process will be used for accepting or acknowledging Deliverables and Control Points: • The City of Gilroy shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept or acknowledge each Deliverable or Control Point. If the City of Gilroy 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 Gilroy does not agree the particular Deliverable or Control Point meets requirements, the City of Gilroy 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 Gilroy shall then have ten (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 Gilroy does not provide acceptance or acknowledgement within five (5) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 10/63 ••���,� tyler • techna9�gie� 3 Overall Project Assumptions 3.1 Project, Resources and Scheduling • Project activities will begin after the Agreement has been fully executed. • The City of Gilroy has the ability to allocate additional internal resources if needed. The City of Gilroy also ensures the alignment of their budget and Scope expectations. The City of Gilroy and Tyler ensure that the assigned resources are available, they buy -into the change process, and they 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, buy -in, and knowledge. • Tyler and City of Gilroy provide adequate resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. • Abbreviated timelines and overlapped Phases can result in Project delays if there are not sufficient resources assigned to complete all required work as scheduled. • Changes to Project Plan, availability of resources or changes in Scope may result in schedule delays, which may result in additional charges to the Project. • Tyler provides a written agenda and notice of any prerequisites to the City of Gilroy project manager(s) ten (10) business days prior to any scheduled on -site or remote sessions. • Tyler provides notice of any prerequisites to the City of Gilroy project manager(s) a minimum of ten (10) business days prior to any key deliverable due dates. • City of Gilroy users complete prerequisites prior to applicable scheduled activities. • Tyler provides guidance for configuration and processing options available within the Tyler software. The City of Gilroy is responsible for making decisions based on the options available. • In the event the City of Gilroy may elect to add and/or modify current business policies during the course of this Project, such policy changes are solely the City of Gilroy's responsibility to define, document, and implement. • The City of Gilroy makes timely Project related decisions in order to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Decision due dates will be mutually agreed to and reflected in the project Issues and Actions List. Decisions left unmade may affect the schedule, as each analysis and implementation session builds on the decisions made in prior sessions. 11/63 • ••::•. tyler •• technologies • Tyler considers additional services out of Scope and requires additional time and costs be requested via Change Request approved through the Change Control process. • The City of Gilroy will respond to information requests in a comprehensive and timely manner, in accordance with the Project Plan. Due dates for information requests will be mutually agreed to and reflected in the project Issues and Actions List. 3.2 Data Conversion • The City of Gilroy is readily able to produce the data files needed for conversion from the Legacy System in order to provide them to Tyler on the specified due dates) as reflected in the Project Plan. • Each Legacy System data file submitted for conversion includes all associated records in a single approved file layout. • The City of Gilroy understands the Legacy System data extract(s) must be provided to Tyler in the same format each time 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. • During this process, the City of Gilroy may need to correct data scenarios in the Legacy System prior to the final data pull. Tyler will provide guidance to the City on this, as it is a complex activity and requires due diligence by the City of Gilroy to ensure all data pulled includes all required data and the Tyler system contains properly mapped data. Tyler will provide a data conversion crosswalk that indicates where specific data is to reside in Munis. 3.3 Data Exchanges, Modifications, Forms and Reports • The City of Gilroy ensures the 3rd party data received conforms to a Tyler standard format. • The 3rd party possesses the knowledge of how to program their portion of the interaction and understands how to manipulate the data received. • Client is on a supported, compatible version of the 3,d party software or Tyler standard Data Exchange tools may not be available. • The City of Gilroy is willing to make reasonable business process changes rather than expecting the product to conform to every aspect of their current system/process. • Any Modification requests not expressly stated in the contract are out of Scope. Modifications requested after contract signing have the potential to change cost, Scope, schedule, and production dates for project Phases. Modification requests not in Scope must follow the Project Change Request process. 12 / 63 041, • •.,.�. tyler 3.4 Hardware and Software • Tyler will initially Install the most current generally available version of the purchased Tyler software. • The City of Gilroy will provide network access for Tyler modules, printers, and Internet access to all applicable City of Gilroy and Tyler project staff. • The City of Gilroy has in place all hardware, software, and technical infrastructure necessary to support the Project. • The City of Gilroy's system hardware and software meet Tyler standards to ensure sufficient speed and operability of Tyler software. Tyler will not support use of software if the City of Gilroy does not meet minimum standards of Tyler's published specifications. 3.5 Education • Throughout the Project lifecycle, the City of Gilroy provides a training room for Tyler staff to transfer knowledge to the City of Gilroy's resources, for both onsite and remote sessions. The City of Gilroy will provide staff with a location to practice what they have learned without distraction. If Phases overlap, the City of Gilroy will provide multiple training facilities to allow for independent sessions scheduling without conflict. • The training room is set up in a classroom setting. The City of Gilroy determines the number of workstations in the room. Tyler recommends every person attending a scheduled session with a Tyler Consultant or Trainer have their own workstation. However, Tyler requires there be no more than two (2) people at a given workstation. • The City of Gilroy provides a workstation which connects to the Tyler system for the Tyler trainer conducting the session. The computer connects to a City of Gilroy training display system, allowing all attendees the ability to actively engage in the training session. • The City of Gilroy testing database contains the Tyler software version required for delivery of any Modification, as previously identified and agreed to, prior to the scheduled delivery date for testing. • The City of Gilroy is responsible for verifying the performance of the said Modification above as defined by the specification, if applicable. • Users performing user acceptance testing (UAT) have attended all applicable training sessions prior to performing UAT. 13/63 0.:00 ;�• tyler 4 Implementation Stages 4.1 Work Breakdown Structure (WBS) 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 Plan, developed during Initiate & Plan and finalized during Assess & Define, will list 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. 14/63 tyler 0 technologies ias iiWte l Platt 944 Itow bablod tq>ra 1.1; i System lnirdstrvttvre ` Pra Planntng Project 5ttsednle �tCi/aldef i 7.2s COHTROLPOINT T: Imitate A Plan Steer At ter: -mice M i." Assess a — Define — 721 F9orriatr Rtwfe,rr {4ffent%FalVr! State Analysis IAa data Lar1VlJflOd a�tmtaga �PPirla Stan. Party Bata Excl+ante Planning NWdirItaliun Anatvsls 11 .. Speclluat=nn• ""I" 3 Reports Planning 12-r System ��loymeda CONTAM POIN 1 2_ Assess & Define State Acceptance R a.�.a 8uiN9 A Validate Z t.f.t {onfrguniian & P6W9Y t,ISPf Training: r-- t:l3 VK0Coweersi0n a Validaimn 633 . Standard 3" Party Data Etchnngn Validation ( t7A r j Moditimtion vQbwry a Validation' t.9.9 ` F07ms a Ra f9orts vamson t.3. CONTROL POINT 3. Build IC Validate Stage Arc"tancn I S.A.O final Testing 8 Tiraining tAA [utoverf9asaigg Jn User Acceptance Testing JrJ End 0wr7raro-eq: J9r CON IROL POINT 4. Flnni 7raming B Testing S." Acceptance m ` - If included in project scope (� iS.O I PradLiction cutaver 1101 flow liedN iO1rVlJbia/l is7 Ptiaduttion Processing & Assistant* 15.1 TramMan to Tyler Sopport -�` StAeduie Post ti►a Services, ii �1Mlicabie y asti� 00*1111147 POINT S. Prodvetiun tutover Stage Arceptaure pjlaseJPro�let y� i CloslfthaseJ praJect 1 tc, i CONTROL POINT j 6: Pha,v/Project 1 {tasare Stage Acceptance t 15 / 63 ..ai ..,.•� tyler 4.2 Initiate & Plan (Stage 1) — PMJ Initiate and Plan The Initiate & Plan Stage creates a foundation for the Project through identification of City of Gilroy and Tyler Project Management teams, development of implementation management plans, and the provision and discussion of system infrastructure requirements. City of Gilroy participation in gathering information is critical. Tyler Project Management teams present initial plans to stakeholder teams at Stage end. 4.2.1 Tyler Internal Coordination & Planning Prior to Project commencement, Tyler management staff assigns project manager(s). Tyler provides the City of Gilroy with initial Project documents used in gathering basic information, which aids in preliminary planning and scheduling. City of Gilroy participation in gathering requested information by provided deadlines ensures the Project moves 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 Gilroy's team. During this step, Tyler will work with the City of Gilroy to establish the dates) for the Project/Phase Planning session. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 TASKS Assign Tyler project manager Provide initial Project documents to Client Sales to Implementation knowledge transfer Internal planning and phase coordination 16/63 Tyler Internal Coordination & Planning TYLER CLIENT 0 0 C M N N E -0 �. C c c a a v o N U W uJ bn pz L w U C OA c 0 '^ N "O CAD v c o oo 0 0 a Q c E cw m@ _ o v ra •- �a N '� 0 Q Q E f6 a) c w co U v v 0 V) �' U `c° F v v , J °o U aci v o u u ou o v? E N •`�-' ~ co o v U v) c 'E n '- W @� c W � U w a 0 FW n w a Li U a a w L L L L L L L L c c c c c c c c c c c v Qi v v �T Fes- H H H vvv v v v U U U U U U U U U v U U A R I I I A I R C I A I R C A R C •� t y I e r 4.2.2 System Infrastructure Planning The City of Gilroy provides, purchases or acquires hardware according to hardware specifications provided by Tyler and ensures it is available at the City of Gilroy's site. The City of Gilroy completes the system infrastructure audit, ensuring vital system infrastructure information is available to the Tyler implementation team, and verifies all hardware compatibility with Tyler solutions. RACI MATRIX KEY; R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 System Infrastructure Planning TYLER CLIENT +-' w 'a L o V lC6 ti n E J C C -p N hA n3 C X c ca O�n a! L-v> V E v O N O C UaJ C V CnO 0CL OL pE E a0 V "O 00 V) Q- O U _oO J O7V) O U V U V O U o2S U iy_. U 'C > 7 to •C O .0 V W ? E vVi .0 C -p U v d '� Q .N - O U XW ..0 aJ O vN M bn OL d w 0-E a w �— a TASKS V v �� v V V V �� V v v C v U C v U C a) C v C Q) U C v U C v U C a, U C ai U C C a) v U U Provide system hardware specifications I R A I C Make hardware available for Installation I C A R Install system hardware, if applicable I C A R Complete system infrastructure audit I C A R 17/63 • tyler • technologics 4.2.3 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. The Tyler project manager(s) deliver an Implementation Management Plan, which is mutually agreeable by City of Gilroy and Tyler. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 TASKS Perform Project/Phase Planning Deliver implementation management plan 18/63 Project/Phase Planning TYLER CLIENT Ln - 4- C Lcu -° (O o + L � (Uru J C C Q. Q E C O cu ccC }N/ m C v C C L 2 ° C,- UD (O � O -O �' -° C O pp O '�n ° d Q n E c c �O `o M +� CO C +� f0 C' O1 C O C cn n O (O _ N C C J O O +: > cn U b0 to N to _ O U O o2S U U ,> vOi .0 -0 � c �o fl w v 0 o r v v � -° u v -E W CQC C d CaC C !] L°0 N `O W (! 2 Ll U d w a aJ v v v W v v v v c a) c v c v c v c v c � c v c v c v c c v v u u u u U U U U U U c� A R I C C I A R C C I r tyler 4.2.4 Project Schedule Client and Tyler will mutually develop an initial Project Schedule. The initial schedule includes, at minimum, enough detail to begin Project activities while the detailed Project Plan/schedule is being developed and refined. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 Project Schedule TYLER CLIENT +� -a o N -O O_ v O c9 X (O O +� a)U U,w W O L in U c OU C N O c o w 0 0 o a a o Q. C =.. VOj O m J m - O J O O C C > O N N U co v, W E _ O U v v co � u 0 > W a v E U o •� c� U vi � 'C O 'C v •U bn N @ O t w a 0 cn w N a �i U ac w a L L L L L L c c c c c c c c c c c TASKS > u -U:-- u U U U U U U Develop initial Project Schedule A R I C I I Deliver Project Plan and schedule for Project Phase A R I I C C I I Client reviews Project Plan & initial C I A R C C C schedule Client approves Project Plan & initial I I A R C C I I I I I schedule 19/63 000. tyler 4.2.5 Stakeholder Presentation City of Gilroy stakeholders join Tyler project manager(s) to communicate successful Project criteria, Project goals, Deliverables, a high-level milestone schedule, and roles and responsibilities of Project participants. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 1 TASKS Present overview of Project Deliverables, Project Schedule and roles and responsibilities Communicate successful Project criteria and goals 20 / 63 Stakeholder Presentation TYLER CLIENT V) L L C L @ --�0 N N v J C v v E o o a� Ln E o 0 X X o v a)In o v 2 U w w tw t o + 0 Om @ v �- P° o C L- C: W coo a) IU a o W o 0 0� 0 0v = m WO o C M W O' C 7 (n O @ _I M C 3 O O (O +� N O to a0i v c °° o v E v +G u E U V) C-_- '� 'c W U C W � 'c c��o U .o a `J E o u a_�i X ° o o v o a w a❑ FW in w N w U a❑ w f- a❑ - L N 41 v N Q1 41 N N N N v N N v N 42 N N 41 QJ c� U u c3 u u u 0 u u u A R I I I I C I I I I I I I I R C A C I I C I I •�. tyler 4.2.6 Control Point 1: Initiate & Plan Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Advancement to the Assess & Define Stage is dependent upon Tyler's receipt of the Stage Acceptance. Specific tasks for client review, acceptance and sign -off are detailed in the project plan. 4.2.6.1 Initiate & Plan Stage Deliverables • Implementation Management Plan o Objective: Update and deliver baseline management plans to reflect the approach to the City of Gilroy's Project. o Scope: The Implementation Management addresses how communication, quality control, risks/issues, resources and schedules, and Software Upgrades (if applicable) will be managed throughout the lifecycle of the Project. o Acceptance criteria: City of Gilroy reviews and acknowledges receipt of Implementation Management Plan. • Project Plan/Schedule o Objective: Provide a comprehensive list of tasks, timelines and assignments related to the Deliverables of the Project. o Scope: Task list, assignments and due dates o Acceptance criteria: City of Gilroy acceptance of schedule based on City of Gilroy resource availability and Project budget and goals. 4.2.6.2 Initiate & Plan Stage Acceptance Criteria • Hardware Installed • System infrastructure audit complete and verified • Implementation Management Plan delivered • Project Plan/Schedule delivered; dates confirmed • Stakeholder Presentation complete 21/63 • i�00 tyler • technofogics 4.3 Assess & Define (Stage 2) ® PMI Execution The primary objective of Assess & Define is to gather information about current City of Gilroy business processes and translate the material into future business processes using Tyler Applications. Tyler uses a variety of methods for obtaining the information, all requiring City of Gilroy collaboration. The City of Gilroy shall provide complete and accurate information to Tyler staff for analysis and understanding of current workflows and business processes. 4.3.1 Fundamentals Review Fundamentals Review provides functional leads and Power Users an overall understanding of software capabilities prior to beginning current and future state analysis. The primary goal is to provide a basic understanding of system functionality, which provides a foundation for upcoming conversations regarding future state processing. Tyler utilizes a variety of methods for completing fundamentals training including the use of el -earning, videos, documentation, and walkthroughs. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 TASKS Schedule fundamentals review & provide fundamentals materials & prerequisites, if applicable Complete fundamentals materials review and prerequisites Ensure all scheduled attendees are present Facilitate fundamentals review 22 / 63 Assess & Define IYLLK CLIENT NLnv J C_ n N O_ I N C - O cc C ca. r9 N 0 U w w OA t O :f� v) 0 U C la co C 41 C C O C ! @ pCp v +� 'O C O CA O .� O a d O I N ro = N O cif U `� C5 N C _j 00 U C C > � '� 4J _ I I � W u m U o w 'E E v a� s m 7EL _ p C u 'vQC EL O O N OC- w a L 6- D ( OI N Q1 (U UJ N N N N N v INC A I R I I I I I I I I I I C I I I I I I I I I I I I I I I A I R I I I I I I IC I I I I I I A R C I A R ( I JI I I �;C, r 4.3.2 Current/Future State Analysis City of Gilroy and Tyler evaluate current state processes, options within the new software, pros and cons of each option based on current or desired state, and make decisions about future state configuration and processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 TASKS Provide Current/Future State analysis materials to the City of Gilroy, as applicable Conduct Current & Future State analysis Provide pros and cons of Tyler software options Make Future State Decisions according to due date in the Project Plan Record Future State decisions 23/63 TYLER Current/Future State Analysis CLIENT u 4- a o f0 7 t D) E -0 C V) Q O_ E C " 0 41 U 'J LU OD t-' O •_' cn 0 U C c v c c t' o o c E oD n3 v o a a C O W O O d Q. O co D! @ n} O c ra O_ c N O @ J m N c O O C C > N Q1 U c0 N Q1 ` — O U O O °� U U +� DA O N ? E N •U ~ 0 E�EU N D) f0 E -O L U N U N Q L D) OD a a+ v v l 'o c m 3 a u 'o CL x E E o 0 N w(A a Li U a 0 w a L L L L lL c c c c c c c c c c c D) D) D) D) DJ D) N N D! 41 N T)DJ T DJ Q) N T T) U! ~ � U u U U U u U u u 0 cD A R I C I I A R I C I C A R I C I C I I C A R I C I A R I C I C ••:::�. tyler • 4.3.3 Data Conversion Planning & Mapping This entails the activities performed to prepare to convert data from the City of Gilroy's Legacy System Applications to the Tyler system. Tyler staff and the City of Gilroy work together to complete Data Mapping for each piece of data (as outlined in the Agreement) from the Legacy System to a location in the Tyler system. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Data Conversion Planning & Mapping TYLER CLIENT +� n -o L 0 75 vN a) E E: 4� C � L �- C C O U O_ X w Q X w M tb t' L O v a! n (D Ln -p n, O O ++ O ro U C O GO O 2 o a O O- c O ca a! v = ro N o v�i O CL a) O L N o aJ O Ua > p co u u '> W O v� E: a� Cum N u v a co 3 0 U o en LX Q O aJ f0 LU Ln + (n + a-Ll + + U + 0-LL + + + F-- + 0-D + TASKS L L a L L L L a L L L C T ,v C •v C •v C •v C •v C a, C •v C . C C C 0 U U U Review contracted data A R I C C C C conversion(s) options Map data from Legacy System to C A C C R Tyler system Pull conversion data extract I A C C R Run balancing Reports for data I I A C R I pulled and provide to Tyler Review and approve initial data A I C R I I extract Correct issues with data extract, if I C C A C C R needed 24 / 63 !!0�!! ty ! �r !!!.! 4.3.4 Standard 3rd Party Data Exchange Planning Standard Data Exchange tools are available to allow clients to get data in and out of the Tyler system with external systems. Data exchange tools can take the form of Imports and Exports, and Interfaces. A Standard Interface is a real-time or automated exchange of data between two systems. This could be done programmatically or through an API. It is Tyler's responsibility to ensure the Tyler programs operate correctly. It is the City's responsibility to ensure the third party program operates or accesses the data correctly. The City and Tyler Project Manager(s) will work together to define/confirm which Data Exchanges are needed (if not outlined in the Agreement). Tyler will provide a file layout for each Standard Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 TASKS Review Standard or contracted Data Exchanges Define or confirm needed Data Exchanges Standard 31 Party Data Exchange Planning TYLER CLIENT E a) E a) '� L ' U UJ w nn t O L In ca U DC Q) C C tJ OO O C h0 mu f a O C @m C aJ > al O a) U ' v v o u u �I o a> > E.� U L c c v, _ I Q' '� (V _ � E� N ai u O O_ l O_ +� O U X O 41 0 J O- i a` 0 n w u) a w U a w l a v c c c c c c r c c c c Ic I U I� U U C U U A R I C� I I I AMC C IR 25/63 tyler • • 4.3.5 Modification Analysis & Specification, if contracted Tyler staff conducts additional analysis and develops specifications based on information discovered during this Stage. The City of Gilroy reviews the specifications and confirms they meet City of Gilroy's needs prior to acceptance. Out of Scope items or changes to specifications after acceptance may require a Change Request. Tyler's intention is to minimize Modifications by using Standard functionality within the Application, which may require a City of Gilroy business process change. It is the responsibility of the City of Gilroy to detail all of their needs during the Assess and Define Stage. Tyler will write up specifications (for City of Gilroy approval) for contracted program Modifications. Upon approval, Tyler will make the agreed upon Modifications to the respective program(s). Once the Modifications have been delivered, the City of Gilroy will test and approve those changes during the Build and Validate Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 Modification Analysis & Specification, if contracted TYLER CLIENT + n a ra L o N tl0 c CU 7 v cn a N E J c C o W CU C oN w bA O InU v Y L {n 0 U C co O M ro O + n yw� L O L CL n Q i c fU _j C n Ln -O o ' v O c9 + c ra +-+ W N a QJ C p n N � > O U C 4J @ O 0 O U + E E O U �n U U .0 U c� u N O U W '� `^ =)c • rho N Q E -a E O v W N X 7 C -C O M N N v `O d w w0 in w cn a w U a w a� TASKS T C T ,v C .v C . C .v v C .v u C .v u C .v U C v U C U C v U C v U c� c� Analyze contracted modified A C R C C I C C program requirements Develop specification document(s) A I C R I I I I Review specification document(s); provide changes to Tyler, if I C C A R I C C applicable Sign -off on specification document(s) and authorize work I I A R C I I C 26/63 ®.. tyler 4.3.6 Forms & Reports Planning City of Gilroy and Tyler project manager(s) review Forms and Report needs. Items that may be included in the Agreement are either Standard Forms and Reports or known/included Modification(s). Items not included in the Agreement could be either City of Gilroy -developed Reports or a newly discovered Modification that will require a Change Request. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 TASKS Review required Forms output Review and complete Forms options and submit to Tyler Review in Scope Reports Identify additional Report needs Add applicable tasks to Project schedule 27/63 Forms & Reports Planning TYLER CLIENT to +' to Y n N _ C C N Q, '0O E a) C 'O C Q a) O U C 'n O O 'F� Q) -00 Q) ct-mmam)in UmccucC c ra a c c N O M J co v Ln c 0 0 c c> O N a) U o 2 0 v In — O U v a1 co o6 u +'—� tw , o E �U ~ -0a v a o a +° E o u ai •obD o v aci Q w E a E N w <n a U_ U n. 0 w n L L L L L L L C C C C C C C C C C C LL v v v v v v v aJ v a) a) v a) v aJ v a) a) v a) A R C I C I I I A R C A R I C C I C A R C A R I C C I I I •� tyler 4.3.7 System Deployment The Tyler Technical Services team Installs Tyler Applications on the server (hosted or client -based) and ensures the platform operates as expected. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 2 TASKS Install contracted software on server Ensure platform operates as expected TYLB y L L_ (6 C � � c a) U C O Lio O (O C (D C � C >_ E u E U N v N N Q '5, Q v v v v A 1 A System Deployment CLIENT -o 0 O J C N a E v I 0 QW ` E a O I M C '2 O 0 0 0 i E i T N y I.� -o d Q C 7 I O I'0 J O to I U; 7 to (D .n ` O C N J _ O O O O U > O o7j C U U ' w C I O N I E C N N U — -O UI_v m E U -o v v v c O U M CIw l m 3 O Q v -a U U vI�° o I Q M 7 w cn a� U a C w N a ID N T C C C C v v v v C v C va) C C v C v C v >> R> U U U U I U v U Ulu C R I I I I I I I IC 28/63 tyler • •••� • 4.3.8 Control Point 2: Assess & Define Stage Acceptance Acceptance criteria for this Stage includes completion of all criteria listed below. Build & Validate Stage is dependent upon Tyler's receipt of the Stage Acceptance 4.3.8.1 Assess .& Define Stage Deliverables Completed analysis Questionnaire o Objective: Gather and document information related to City of Gilroy business processes for current/future state analysis as it relates to Tyler approach/solution. o Scope: Provide comprehensive answers to all questions on Question naire(s). o Acceptance criteria: City of Gilroy acceptance of completed Questionnaire based on thoroughness of capturing all City of Gilroy business practices to be achieved through Tyler solution. Data conversion summary and specification documents o Objective: Define data conversion approach and strategy. o Scope: Data conversion approach defined, data extract strategy, conversion and reconciliation strategy. o Acceptance criteria: Data conversion documents) delivered to the City of Gilroy, reflecting complete and accurate conversion decisions. Modification specification documents, if contracted o Objective: Provide comprehensive outline of identified gaps, and how the modified program meets the City of Gilroy's needs. o Scope: Design solution for Modification. o Acceptance criteria: City of Gilroy accepts Modified Specification Document(s) and agrees that the proposed solution meets their requirements. • Completed Forms options and/or packages o Objective: Provide specifications for each City of Gilroy in Scope form, Report and output requirements. o Scope: Complete Forms package(s) included in agreement and identify Report needs. o Acceptance criteria: Identify Forms choices and receive supporting documentation. Installation checklist o Objective: Installation of purchased Tyler software. o Scope: Tyler will conduct an initial coordination call, perform an installation of the software included in the Agreement, conduct follow up to ensure all tasks are complete, and complete server system administration training, unless the City of Gilroy is hosted. o Acceptance criteria: Tyler software is successfully installed and available to authorized users, City of Gilroy team members are trained on applicable system administration tasks. 4.3.8.2 Assess & Define Stage Acceptance Criteria Tyler software is installed. 29/63 �.�% f. tiler ;� tcchnotogics • Fundamentals review is complete. • Required Form information complete and provided to Tyler. • Current/Future state analysis completed; Questionnaires delivered and reviewed. • Data conversion mapping and extractions completed and provided to Tyler. 30 / 63 �•00. tyler �� technologies 4.4 Build & Validate (Stage 3) — PMI Execution The objective of the Build & Validate Stage is to prepare the software for use in accordance with the City of Gilroy's needs identified during the Assess and Define Stage, preparing the City of Gilroy for Final Testing and Training. 4.4.1 Configuration & Power User Training Tyler staff collaborates with the City of Gilroy to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. Tyler staff will train the City of Gilroy Power Users to prepare them for the Validation of the software. The City of Gilroy collaborates with Tyler staff iteratively to Validate software configuration. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 TASKS Perform configuration Power User process and Validation training Validate configuration ►FI A R R C Build & Validate TYLER CLIENT v v Q Q X w w C .P O C. > cc O U v E n3 0 � iv v H I H a) E E fB OIL �, i O n, a C O n -Z — U U c 0 U v v o O J C Q) C O (1) Ln O + O E U ru 0 v C N O O U ra W i J O U E0 W .O C Q -O U a O_ w n n. uc. U w 2 D C C C C C C C C C C v y T) a) v v a) T) v v v U U U U U U U U U U U I R I I C I I C I A CI R C 31/63 •ee tyler 4.4.2 Data Conversion & Validation Tyler completes an initial review of the converted data for errors. With assistance from the City of Gilroy, the Tyler Data Conversion Team addresses items within the conversion program to provide the most efficient data conversion possible. With guidance from Tyler, the City of Gilroy reviews specific data elements within the system and identifies and Reports discrepancies in writing. Iteratively, Tyler collaborates with the City of Gilroy to address conversion discrepancies prior to acceptance. RACI MATRIX KEY: R = ResponsibleA = Accountable C = Consulted I = Informed STAGE 3 Data Conversion & Validation TYLER CLIENT In L C t t E ` C M N CO N x 0-E x WbDt ` i 4J N C N in O O +• O L U O �O O 0 In '� 'O N N v U c 2 '� O Q Q E w 2 t2 a J 'n O U > C C O > O cz m N 6 N U CW �0 O E •V O }' "O a o a U n v_ o 'c u v x '� °+' v o v o v c c v° a xx E a 0 W n Lu Ln a LL U n w �- n. D c c c c c c c c a, c v c c TASKS T F- T F- •v u •v u •a, � .v u .v u .v u .v U U U .v U .v U Write and run data conversion A I C R C program against Client data Complete initial review of data A I C R I I C e rro rs Review data conversion and submit I C I A C R C needed corrections Revise conversion program(s) to A I C R I I C C correct error(s) 32/63 � i!i t y I e 4.4.3 Standard 3rd Party Data Exchange Validation Tyler provides training on Data Exchange(s) and the City of Gilroy tests each Data Exchange. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 TASKS Train Data Exchange(s) processing in Tyler software Coordinate 3rd Party Data Exchange activities Test all Standard 3rd party Data Exchange(s) Standard 31d Party Data Exchange Validation TYLER CLIENT V1 L t]A v v E o o fl ` v O 'O O E U M y- C o o C E M m v �a C:O cw O O o a Q- O a v Cl-E Q C J C a--� O in U ro v `_ O U > v C C u > bn o v E .� vo aEi u U v_ 'E u E v 'u v c v m v fl p Q +° E o v v 'p c o 3 a o u 'p W L L L L L L C C aC Ci C C C C H CL wE E W LU m 0 w Li- IDLn C aC C v v v v v v v v v v v v _v _v v v v v v U U U U U U U U U A R C I I I C I I I A C C R I C A C I R C 33/63 0.,�. tyler 4.4.4 Modification Delivery & Validation, if contracted Tyler delivers in Scope Modification(s) to the City of Gilroy for preliminary testing. Final acceptance will occur during the Final Testing and Training Stage. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 i� U to C W � (6 c C ro O N 2 @ a-+ U > +� C U E U U U X O TASKS a Develop and deliver contracted modified program(s) A Test contracted modified program(s) in isolated database Report discrepancies between specification and delivered contracted modified program(s) Make corrections to contracted modified program(s) as required A Modification Delivery & Validation, if contracted TYLER CLIENT fD N U�C J @ i� L � UQ C Q- C O v w LUN t o= E � I o U � � o Q 0 m I M o o .QJ a) v 00- 0O O Ln O J ra v C _3 O O U CrCI> v ` — p -d '� U '� U c0 E: _C N X 2 E o LL n w n a U a w C U C U C U C U C U C U C C U U C U C C I R I C I C I C CI C A C R C A R C C I I C I_ R� ��Ti C C I 34 / 63 °•.,. tyler 4.4.5 Forms & Reports Validation Tyler provides training on Standard Forms/Reports and the City of Gilroy tests each Standard Form/Report. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 3 Forms & Reports Validation TYLER CLIENT I � i C L JI 0 6 L O i- Ntao } J C N t-m - 00U C C M O ` t 0 0 A C In � -0 UN C _Oo O0) 0 a d 0_O � 2 ° tioo ° Cjy o- cc I Z�1n C I ~ 0 z3 N v Q u v Om U -0_ bA E � ;� UwE TASKS L v '� v v v v v I T y v U U U U U u Standard Forms & Report training A R C C I Test Standard Forms & Reports I C C I A C R C 35/63 tyler • 4.4.6 Control Point 3: Build & Validate Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Final Testing & Training Stage is dependent upon Tyler's receipt of the Stage Acceptance. Specific tasks for client review, acceptance and sign -off are detailed in the project plan. 4.4.6.1 Build & Validate Stage Deliverables • Initial data conversion o Objective: Convert Legacy System data into Tyler system. o Scope: Data conversion program complete; deliver converted data for review. o Acceptance criteria: Initial error log available for review. • Data conversion verification document o Objective: Provide instructions to the City of Gilroy to verify converted data for accuracy. o Scope: Provide self -guided instructions to verify specific data components in Tyler system. o Acceptance criteria: City of Gilroy accepts data conversion delivery; City of Gilroy completes data issues log. • Installation of Modifications on the City of Gilroy's server(s) *except for hosted Clients o Objective: Deliver Modification(s) in Tyler software. o Scope: Program for Modification is complete and available in Tyler software, Modification testing. o Acceptance criteria: Delivery of Modification(s) results in objectives described in the City of Gilroy -signed specification. • Standard Forms & Reports Delivered o Objective: Provide Standard Forms & Reports for review. o Scope: Installation of all Standard Forms & Reports included in the Agreement. o Acceptance criteria: Standard Forms & Reports available in Tyler software for testing in Stage 4. 4.4.6.2 Build & Validate Stage Acceptance Criteria • Application configuration completed. • Standard Forms & Reports delivered and available for testing in Stage 4. • Data conversions (except final pass) delivered. • Standard 31 party Data Exchange training provided. • Modifications delivered and available for testing in Stage 4. • The City of Gilroy and Tyler have done a review of primary configuration areas to Validate completeness and readiness for testing and acceptance in Stage 4. 36/63 •• • Lyle 4.5 Final Testing & Training (Stage 4) — PMI Monitor and Control During Final Testing and Training, Tyler and the City of Gilroy review the final Cutover plan. A critical Project success factor is the City of Gilroy understanding the importance of Final Testing and Training and dedicating the resources required for testing and training efforts in order to ensure a successful Production Cutover. 4.5.1 Cutover Planning City of Gilroy and Tyler project manager(s) discuss final preparations and critical dates for Production Cutover. Tyler delivers a Production Cutover Checklist to outline Cutover tasks to help prepare the City of Gilroy for success. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 TASKS Cutover Planning Session Develop Production Cutover Checklist 37 / 63 L QI M CQ A A Cutover Planning TYLER CLIENT + C: -O 10 E J C v C N Q QJ C 0 U W �- N co h0 0 ` QJ in O ` C C O O ba o g o _QQJJ 0 C 0- 3v7 �5.y 0 > V) vi — � UC vvU U zulN u, c O J i Q W 0- W U d LU Li- In C If C C C C (J ;n) QJ QJ N QJ a QJ a) Q) I U U U U U U U U U J U R C I C C C C C C R C II I C C I I C k, tyler 4.5.2 User Acceptance Testing (UAT) The City of Gilroy performs User Acceptance Testing to verify software readiness for day-to-day business processing. Tyler provides a Test Plan for users to follow to ensure proper Validation of the system. Tyler will customize the test scripts based on city processes. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 User Acceptance Testing (UAT) TYLER CLIENT +' C fU o UJ C .ti, � C to Q N Q N E N J M C 'O LO O N W C: p U W W 0 h0 O Ln �O N U C C O O a O C p CA 3 O O U V , C: M O W WC3 �n _ O U U QUj N Q 'p N U E . C V U a) a) N 'E U C C fD � f0 Q- 'D C S U U N .0 W W d CQC C M L.L cO C f'- (n W l/i d W U d W d TASKS N Ul N ~ N ~ 4J N ��' N ~ v C N N U C N C O C v C Q1 C N C N C v C N C C 0) N U U U U U U U U U U Deliver Customized Test Plan for User Acceptance Testing A R C I I Perform User Acceptance Testing I C A R C C C I I C I Accept modified program(s), if applicable I I I A R C I C C Validate Report performance I C C A C R C 38/63 see tyler 4.5.3 End User Training End Users attend training sessions to learn how to utilize Tyler software. Training focuses primarily on day-to-day City of Gilroy processes that will be delivered via group training, webinar, el -earnings and/or live training sessions. Eighty (80) hours of End User Training performed by Tyler are included for each phase. Beyond the 80 hours, City of Gilroy users who attended the Tyler sessions may train any City of Gilroy users not able to attend the Tyler sessions, or the City could utilize hours from the Additional Implementation and Consulting and Training Services Hours (616), or additional sessions may be contracted with Tyler at the applicable rates for training. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 4 End User Training TYLER CLIENT J L I L 0 m O a) I m N a) J C m C Q d E Q1 C a) O O a) � U W w n3 by L O E �n 0 O +� m C O Ca O O t d Q CO W m m a) "O a aJ 'O m .�.� co +� in O CL C:Q a E me wl C in J � p C @ C C O > W E I E O °2S u •v '+� W C +' C I O b M (O •C I— +' U a) u Q U Q V �n "o C t C v Z I c 3 -O u p ho v .O o O x( ' E n= o W v c v � Q w i= a N w v) I I J U a w �— a v v v v W) v v c c c w y c v c c c v c c c TASKS a .v U •v U •v U U U •v U •v U U .v U .v U v U Conduct user training sessions A R C I I I I I Conduct additional End User training � I R I A C I I I I I I I sessions 39/63�0 tyler �� technOID&S 4.5.4 Control Point 4: Final Testing & Training Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Production Cutover Stage is dependent upon Tyler's receipt of the Stage Acceptance. Specific tasks for client review, acceptance and sign -off are detailed in the project plan. 4.5.4.1 Final Testing & Training Stage Deliverables • Production Cutover checklist o Objective: Provide a detailed checklist outlining tasks necessary for production Cutover. o Scope: Dates for final conversion, dates) to cease system processing in Legacy System, date(s) for first processing in Tyler system, contingency plan for processing. o Acceptance criteria: Definition of all pre -production tasks, assignment of owners and establishment of due dates. • User Acceptance Test Plan o Objective: Provide testing steps to guide users through testing business processes in Tyler software. o Scope: Testing steps for Standard business processes. o Acceptance criteria: Testing steps have been provided for Standard business processes. 4.5.4.2 Final Testing & Training Stage Acceptance Criteria • Production Cutover Checklist delivered and reviewed. • Modification(s) tested and accepted, if applicable. • Standard 3' party Data Exchange programs tested and accepted. • Standard Forms & Reports tested and accepted. • User acceptance testing completed. • End User training completed. 40 / 63 • •••'•• tyler • technologies 4.6 Production Cutover (Stage 5) — PMI Monitor and Control City of Gilroy and Tyler resources complete tasks as outlined in the Production Cutover Plan and the City of Gilroy begins processing day-to-day business transactions in the Tyler software. Following Production Cutover, the City of Gilroy transitions to the Tyler support team for ongoing support of the Application. 4.6.1 Final Data Conversion, if applicable The City of Gilroy provides final data extract and Reports from the Legacy System for data conversion and Tyler executes final data conversion. The City of Gilroy may need to manually enter into the Tyler system any data added to the Legacy System after final data extract. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Final Data Conversion, if applicable TYLER CLIENT C o m 0 41 +! O to N J m C m C M C fl- m O a) in O O � v W U w C w Ln bD O t O in 4J -O E U m N U C C O � O 2 O d OL O CL N a = O .N C @ fD +� aJ C a1 O cn In O U OD � J u mC � N E vi N J _ U O O �' O U N > N U O U '0 v� U 4- U C a-+ 7 L O O 41 t1oU U fD v a o a m E o v U W T 'o c m 3 0 Q o Q w a E m 0 W cn w Lnn a Li U a 0 w a TASKS N N N N N U1 N v N C UJ C N C U! C a) C v C N C N C U1 C v C N C v U u U U U U U U U U U Provide final data extract C I I A C I I I I R Provide final extract balancing I I A C R I Reports Convert and deliver final pass of A I I R I I I C data Validate final pass of data I C C 1 A C R C Load final conversion pass to I I I A C I C R Production environment 41/63 tyler 4.6.2 Production Processing & Assistance Tyler staff collaborates with the City of Gilroy during Production Cutover activities. The City of Gilroy transitions to Tyler software for day -to day business processing. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 Production Processing & Assistance TYLEA 1 CLIENT c ` Ln 0 - E C C vi C aC E O co ` un t o v0 ica U II Nc C oL v C o o t a O _ o � m W -0 +) a)W _cU p O m (Q C f0 7 [n CJ fD — C f6 C J O I O C C > � N v -i C N N w + N Co2S O U a U N L Iu> — -0 u Uuv E c w 1.2 tCam D vz3 bD va a p U x o O Iv �o a x o m cn a� U - wg a v TASKS >>>> >' u u u U v U U C C R I Production processing I I -A R R R R R I Provide production assistance I AIR �C I I C C C C 42 / 63 •y.. tyler 4.6.3 Transition to Tyler Support Tyler project manager(s) introduce the City of Gilroy to the Tyler Support team, who provides the City of Gilroy with day-to-day assistance following Production Cutover. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 TASKS Develop internal support plan Conduct transfer to Support meeting 43 / 63 Transition to Tyler Support TYLER CLIENT +� ,,, a o L C:@ + a) rura J C CI- 0 E aJ c O a c fl x a QJ n o+ v U w w to o U c c o to o o C 0- Q o O Q a E C J C n Ln O QJ QJ O to Ln U QJ —J 00 U x+ _ D -c o w c w L a w a E M 0 w N a Li-U a 0 w a 0 N QJ QJ 4J Q1 N QJ N N QJ QJ QJ N QJ QJ QJ QJ QJ QJ 0J A R C C C C C C C A I C R C C C C I I C I I 0 }. tyler 4.6.4 Schedule Post -Production Services, if applicable Tyler provides post -production services if included in the Agreement. Prior to scheduling services, the Tyler project manager(s) collaborate with City of Gilroy project manager(s) to identify needs. This could include but is not limited to: W-2 training, 1099 training, Month -End and Year -End. PIER services will be delivered after each phase, 1 (Financials), 2a (HCM), 3 (UB). RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 5 v tw c 4J U �:3 U X W TASKS Identify topics for post -production services Schedule services for post - production topics PIER - Identify/discuss if the required modules were implemented, and if not, why not, and how this will be rectified PIER - Identify/discuss if the required training was delivered, and if not, why not, and how this will be rectified PIER - Identify/discuss the method to be used to determine if there are any gaps in user system utilization, and if so, what are they Schedu)t Post -Production Services, if applicable TYLER CLIENT }' N 'O O bA C u N c Q xCwL M v 0 o UW W a0 t'' O +Y_+ i v) (�D U C c 0 v W c c t O o 0 o a O Q r O c y -o ono y M v = +� N C @ (� i^ Q c O j N N OO U, C J C ++ 4J UJ OO J C C > N co v�i ` .O Nu N U v7 v.= 'C U u I U C: to C u c'B� Q '� O_ Y O U X W v, #� 7 .L W U I W ` d _N d _N 0 u- 4J W Ql N cn N UJ C C C C C (L. v ti I C :::3) C C C' a� _i C C A R I C I A R I C C I C A R I C C A R I C C A R I C C C C 44/63 ••�•�: tyler • tcrhnotogicG PIER - Identify/discuss how gaps would be addressed through additional training (to include when, A R I C C where, how, participants, specific training to be provided, etc.) PIER - Identify/discuss any lessons A R I C C learned PIER - Develop a report that A R I C C addresses the information above PIER - Submit this report to the City A R I C C for review and approval PIER - Deliver the additional training A R I C C 45/63 C C • '•'''• tyler • technolDgiv.: 4.6.5 Control Point 5: Production Cutover Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. Advancement to the Phase/Project Closure Stage is dependent upon Tyler's receipt of this Stage Acceptance. Specific tasks for client review, acceptance and sign -off are detailed in the project plan. 4.6.5.1 Production Cutover Silage Deliverables • Final data conversion, if applicable o Objective: Ensure (in Scope) Legacy System data is available in Tyler software in preparation for production processing. o Scope: Final passes of all conversions completed in this Phase. o Acceptance criteria: Data is available in production environment. • Support transition documents o Objective: Define strategy for on -going Tyler support. o Scope: Define support strategy for day-to-day processing, conference call with City of Gilroy Project Manager(s) and Tyler support team, define roles and responsibilities, define methods for contacting support. o Acceptance criteria: the City of Gilroy receives tools to contact support and understands proper support procedures. 4.6.5.2 Production Cutover Stage Acceptance Criteria • Final data conversion(s) delivered. • Processing is being done in Tyler production. • Transition to Tyler support is completed. • Post -live services have been scheduled, if applicable. 46 / 63 �••�� tyler .� technologies 4.7 Phase/Project Closure (Stage 6) — PMI Closure Project or Phase closure signifies full implementation of all products purchased and encompassed in the Phase or Project. The City of Gilroy moves into the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Support). 4.7.1 Close Phase/Project The City of Gilroy and Tyler project manager(s) review the list of outstanding Project activities and develop a plan to address them. The Tyler project manager(s) review the Project budget and status of each contract Deliverable with the City of Gilroy project manager(s) prior to closing the Phase or Project. RACI MATRIX KEY: R = Responsible A = Accountable C = Consulted I = Informed STAGE 6 TASKS Review outstanding Project activities and develop action plan Review Project budget and status of contract Deliverables A R 00 Close Phase/Project TYLER C ` � N of aJ C d Q E O U 11 c c v OHO 0 0 o a n. @ d C CL C > O N C E 0 U U N U n 4= 'C EL E 1 U O E @ o L. �Tlj C CLIENT 0 0 (U C a) C O N N O 0 y U C E a1 -0 m v _ O C- N C J c C m a) —v�i O O E a) u9 ~ a) C `— N , by Q1 � C U N N •0 C m Q- -O U � w a a w N ii J m:D aJ v v v v v v v (u a) v H U U U U U U U U U U U C C I C I C I I C 47/63 •�� tyler 4.7.2 Control Point 6: Phase/Project Closure Stage Acceptance Acceptance criteria for this Stage includes all criteria listed below. This is the final acceptance for the Phase/Project. 4.7.2.1 Phase/Project Closure Stage Deliverables + Phase/Project reconciliation report o Objective: Provide comparison of contract Scope and Project budget. o Scope: Contract Scope versus actual, analysis of services provided and remaining budget, identify any necessary Change Requests or Project activity. o Acceptance criteria: Acceptance of services and budget analysis and plan for changes, if needed. 4.7.2.2 Phase/Project Closure Stage Acceptance Criteria • Outstanding Phase or Project activities have been documented and assigned. • Phase/final Project budget has been reconciled. • Tyler Deliverables for the Phase/Project are complete. 48/63 t y I le r 5 Roles and Responsibilities 5.1 Tyler Roles and Responsibilities Tyler assigns project manager(s) prior to the start of each Phase of the Project. The project manager(s) assign additional Tyler resources as'the schedule develops and as needs arise. One person may fill multiple project roles. 5.1.1 Tyler Executive Management • Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying the City of Gilroy'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. • Offers additional support to the project team and is able to work with other Tyler department managers in order to escalate and facilitate implementation project tasks and decisions. • Acts as the counterpart to the City of Gilroy's executive sponsor. 5.1.2 Tyler Implementation Management • Acts as the counterpart to the City of Gilroy steering committee. • Assigns initial Tyler project personnel. • Works to resolve all decisions and/or issues not resolved at the Project Management level as part of the escalation process. • Attends City of Gilroy steering committee meetings as necessary. • 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. 5.1.3 Tyler Project Manager The Tyler project manager(s) provides oversight of the Project, coordination of 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. The Tyler Project Manager will be assigned to the project at a 33% dedication level. The Tyler PM will be onsite for the project Stakeholder Presentation, 2 days per quarter throughout the life of the project and for cutover planning sessions. The Tyler PM will devote 13 hours per week to the project management activities for the City of Gilroy, CA. • Contract Management o Validates contract compliance throughout the Project. o Ensures Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Prepares and presents contract milestone sign -offs for acceptance by City of Gilroy project manager(s). 49/63 o Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. • Planning o Update and deliver Implementation Management Plan. o Defines project tasks and resource requirements. o Develops initial project schedule and full-scale Project Plan. o Collaborates with City of Gilroy project manager(s) to plan and schedule project timelines to achieve on -time implementation. • Implementation Management o Tightly manages Scope and budget of Project; establishes process and approval matrix with the City of Gilroy to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. o Establishes and manages a schedule and resource plan that properly supports the Project Plan that is also in balance with Scope/budget. o Establishes risk/issue tracking/reporting process between the City of Gilroy and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to the City of Gilroy any items that may impact the outcomes of the Project. o Collaborates with the City of Gilroy'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. o Sets a routine communication plan that will aide all project team members, of both the City of Gilroy and Tyler, in understanding the goals, objectives, current status and health of the project. • Team Management o Acts as liaison between project team and Tyler manager(s). o Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and adjusts as necessary. o Interfaces closely with Tyler developers to coordinate program Modification activities. o Coordinates within Scope 3`d party providers to align activities with ongoing project tasks. 5.1.4 Tyler Implementation Consultant The Tyler Implementation Consultant will be assigned to the project at a 60% dedication level. • Completes tasks as assigned by the Tyler project manager(s). • Performs problem solving and troubleshooting. • Follows up on issues identified during sessions. • Documents activities for on site services performed by Tyler. • Provides conversion Validation and error resolution assistance. 50/63 • ••.... tyler t.. . • Recommends guidance for testing Forms and Reports. • Tests software functionality with the City of Gilroy following configuration. • Assists during Production Cutover process and provides production support until the City of Gilroy transitions to Tyler Support. • Provides product related education. • Effectively facilitates training sessions and discussions with City of Gilroy and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. • Conducts training (configuration, process, conversion Validation) for Power Users and the City of Gilroy's designated trainers for End Users. • Clearly documents homework tasks with specific due dates and owners, supporting and reconciling with the final Project Plan. • Keeps Tyler project manager(s) proactively apprised of any and all issues which may result in the need for additional training, change in schedule, change in process decisions, or which have the potential to adversely impact the success of the Project prior to taking action. 5.1.5 Tyler Sales Provide sales background information to Implementation during Project initiation. Support Sales transition to Implementation. Provide historical information, as needed, throughout implementation. 5.1.6 Tyler Software Support • Manages incoming client issues via phone, email, and online customer incident portal. • Documents and prioritizes issues in Tyler's Customer Relationship Management (CRM) system. • Provides issue analysis and general product guidance. • Tracks issues and tickets to timely and effective resolution. • Identifies options for resolving reported issues. • Reports and escalates defects to Tyler Development. • Communicates with the City of Gilroy on the status and resolution of reported issues. 5.2 City of Gilroy Roles and Responsibilities City of Gilroy resources will be assigned prior to the start of each Phase of the project. One person may be assigned to multiple project roles. 5.2.1 City of Gilroy Executive Sponsor • Provides clear direction for the Project and how the Project applies to the organization's overall strategy. • Champions the Project at the executive level to secure buy -in. • Authorizes required Project resources. • Resolves all decisions and/or issues not resolved at the City of Gilroy steering committee level as part of the escalation process. • Actively participates in organizational change communications. 51/63 ••ii: tyler • 5.2.2 City of Gilroy Steering Committee • 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. • 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. • Has the authority to approve or deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o City of Gilroy Policies 5.2.3 City of Gilroy Project Manager The City of Gilroy 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, and communicates decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City of Gilroy project manager(s) do not have the knowledge or authority to make decisions, he or she engages the correct resources from City of Gilroy to participate in discussions and make decisions in a timely fashion to avoid Project delays. • Contract Management o Validates contract compliance throughout the Project. o Ensures invoicing and Deliverables meet contract requirements. o Acts as primary point of contact for all contract and invoicing questions. o Signs off on contract milestone acknowledgment documents. o Collaborates on and approves Change Requests, if needed, to ensure proper Scope and budgetary compliance. • Planning o Review and acknowledge Implementation Management Plan. o Defines project tasks and resource requirements for City of Gilroy project team. o Collaborates in the development and approval of the initial Project Plan and Project Plan. o Collaborates with Tyler project manager(s) to plan and schedule Project timelines to achieve on -time implementation. • Implementation Management o Tightly manages Project budget and Scope and collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. 52/63 tyler .� o Collaborates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the Project Plan, as a whole, that is also in balance with Scope/budget. o Collaborates with Tyler Project manager(s) to establish risk/issue tracking/reporting process between the City of Gilroy and Tyler and takes all necessary steps to proactively mitigate these items or communicates with transparency to Tyler any items that may impact the outcomes of the Project. o 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. o Routinely communicates with both City of Gilroy staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the Project by all team members. • Team Management o Acts as liaison between project team and stakeholders. o Identifies and coordinates all City of Gilroy resources across all modules, Phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices. o Provides direction and support to project team. o Builds partnerships among the various stakeholders, negotiating authority to move the Project forward. o Manages the appropriate assignment and timely completion of tasks as defined in the Project Plan, task list, and Production Cutover Checklist. o Assesses team performance and takes corrective action, if needed. o Provides guidance to City of Gilroy technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensure timely response and appropriate resolution. o Coordinates in Scope 3rd party providers to align activities with ongoing Project tasks. 5.2.4 City of Gilroy 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. • Attends and contributes business process expertise for current/future state analysis sessions. • Identifies and includes additional subject matter experts to participate in Current/Future State Analysis sessions. • Provides business process change support during Power User and End User training. • Completes performance tracking review with client project team on End User competency on trained topics. • Provides Power and End Users with dedicated time to complete required homework tasks. • Act as an ambassador/champion of change for the new process. • Identifies and communicates any additional training needs or scheduling conflicts to City of Gilroy project manager. • Prepares and Validates Forms. • Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: 53 / 63 • •••'•� tyler o Task completion o Stakeholder Presentation o Implementation 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 Gilroy resources o Attendance at scheduled sessions o Change Management activities o Modification specification, demonstrations, testing and approval assistance o Conversion Analysis and Verification Assistance o Decentralized End User Training o Process Testing o User Acceptance Testing 5.2.5 City of Gilroy Power Users • Participate in Project activities as required by the project team and project manager(s). • Provide subject matter expertise on City of Gilroy business processes and requirements. • Act as subject matter experts and attend current/future state and validation sessions as needed. • Attend all scheduled training sessions. • Participate in all required post -training processes as needed throughout Project. • Participate in Conversion Validation. • Test all Application configuration to ensure it satisfies business process requirements. • Become Application experts. • Participate in User Acceptance Testing. • Adopt and support changed procedures. • Complete all Deliverables by the due dates defined in the Project Plan. • Demonstrate competency with Tyler products processing prior to Production Cutover. • Provide knowledge transfer to City of Gilroy staff during and after implementation. 5.2.6 City of Gilroy 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 Plan. • Utilize software to perform job functions at and beyond Production Cutover. 5.2.7 City of Gilroy Technical Support • Coordinates updates and releases with Tyler as needed. • Coordinates the copying of source databases to training/testing databases as needed for training days. • Extracts and transmits conversion data and control reports from City of Gilroy's Legacy System per the conversion schedule set forth in the Project Plan. 54 / 63 • ••::•. tyler •• technobgies • Coordinates and adds new users and printers and other Peripherals as needed. • Validates all users understand log -on process and have necessary permission for all training sessions. • Coordinates Interface development for City of Gilroy third party Data Exchanges. • Develops or assists in creating Reports as needed. • Ensures onsite system hardware meets specifications provided by Tyler. • Assists with software Installation as needed. 5.2.8 City of Gilroy Upgrade Coordinator • Becomes familiar with the Software Upgrade process and required steps. • Becomes familiar with Tyler's releases and updates. • Utilizes Tyler Community to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City of Gilroy'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 Gilroy and Tyler resources. • Communicates changes affecting users and department stakeholders. • Obtains department stakeholder sign -offs to upgrade production environment. 5.2.9 City of Gilroy Project Toolset Coordinator • Ensures users have appropriate access to Tyler project toolsets such as Tyler University, Tyler Community, Tyler Product Knowledgebase, SharePoint, etc. • Conducts training on proper use of toolsets. • Validates completion of required assignments using toolsets. 5.2.10 City of Gilroy Change Management Lead • Validates 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. 55 / 63 1 ••:•:•. tyler 6 Munis Conversion Summary 6.1 Accounting COA • Chart of Accounts segments, objects, character codes, project codes (if applicable), organization codes (if applicable), control accounts budget rollups, fund attributes, due to/due from accounts • Requires the use of a Tyler provided spreadsheet for design and entry of the data to be converted 6.2 Accounting - Actuals • Summary account balances • Up to 3 years 6.3 Accounting - Budgets • Original budget, budget adjustments, revised budget summaries for accounts • Up to 3 years 6.4 Accounts Payable Master • Vendor Master file including names, addresses, SSN/FID, contacts, phone numbers • Multiple remittance addresses • Year-to-date 1099 amounts 6.5 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 6.6 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 6.7 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. 56/63 tyler,,,­ �� • Contract detail including line item account and amount detail 6.8 Capital Assets Master • Asset description, status, acquisition quantity, date and amount, codes for asset class, subclass, department, custodian, flags for capitalization and depreciation, estimated life, serial number, model, model year, depreciation method, life -to -date depreciation amount, last depreciation date, disposal information (if any), purchase information, if any (vendor, PO, Invoice) 6.9 General Billing CID • Customer information 6.10 Project Grant Accounting • Segments, account strings and fund string allocation table • Requires the use of a Tyler provided (Chart of Accounts) spreadsheet for design and entry of the data to be converted 6.11 Project Grant Accounting - Actuals • Summary project ledger string balances • Up to 3 years 6.12 Project Grant Accounting — Budget • Original project ledger budget amounts • Up to 3 years 6.13 Purchase Orders • Open purchase orders header data including vendor, buyer, date, accounting information, etc. • Open purchase orders detail data including line item descriptions, quantities, amounts, etc. 6.14 Payroll • Payroll Employee Master data including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), 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 f 57/63 ��i tyler techmhpics 6.15 Payroll - Deductions • Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit information 6.16 Payroll —Accrual Balances • Employee Accrual Balances including Vacation, Holiday, and other Leave balances • Start of year balance, earned to date, used to date 6.17 Payroll — Accumulators • YTD, QTD, MTD amounts for employee pay and deductions • Needed for mid -calendar -year go -live • May not be needed if converting earnings/deductions history • Up to 5 years 6.18 Payroll — Check History • Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date. 6.19 Payroll — Earning/Deduction Hist. • Up to 5 years, additional years must be quoted. Earning and deduction history broken down my individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4. 6.20 Payroll — Recruiting • Application requisition applicant master data, plus applicant references, certifications, education, skills, tests, work history, and interviews 6.21 Payroll — PM Action History • A variety of Personnel actions, such as job or salary changes and dates these events occurred. • Up to 5 years 6.22 Payroll — Position Control • Position, description, status, job code, bargaining group, location, number of employees allowed for each, FTE percentage, GL account, and max/min grade and step 6.23 Payroll — State Retirement Tables • Specific state -required data, plus related service years information, when appropriate 58/63 •.::., t er •� technologies 6.24 6.25 i 6.26 Needed for some states Payroll — Certifications Certification area and certification type codes, certification number and effective date, expiration date, and required -by date, codes for certification level and subjects Payroll — Education Codes, for institution, type of degree, and area(s) of study Utility Billing • Account Master data including previous and current customer owner information- address info, phone, fax, SSN number, FID number, account status, parcel number, location street, apartment, city, state, zip, book number, read sequence, account start and end date, EFT bank information 6.27 Utility Billing —Services • Service data for each account including service codes, status, type, factor, condo units, bill cycle codes, budget information, winter usage, meter readings (current and previous), meter usage (current and previous), sales tax information 6.28 Utility Billing Assessments • Assessments are improvement costs that are spread across to property owner • Utility Billing conversion option 4 (balance forward AR) must also be purchased in order to convert assessments 6.29 Utility Billing —Consumption History • History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes • Up to 5 years 6.30 Utility Billing —Balance 'Forward AR • Total balance due on the account, or by charge code • If late penalties will be applied in Munis after the conversion, balance forward amounts must be converted by charge code 6.31 Utility Billing —Service Orders • Service Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a meter due to high reading 59/63 �0�0 tyer ;10tec"111dogics 6.32 Utility Billing—Baddlow Account information, backflow device information, backflow type, and backflow violations 60 / 63 •••••• tyl.er 7 Glossary Application A computer program designed to perform a group of coordinated functions, tasks or activities for the benefit of the user. Change Control A systematic approach for managing change governing how Change Requests will be received, assessed and acted on. Change Management An approach for ensuring that changes are thoroughly and smoothly implemented and that the lasting benefits of change are achieved. The focus is on the global impact of change with an intense focus on people and how individuals and teams move from the current situation to the new one. 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 revised and agreed upon by participating parties. Consumables I Items that are used on a recurring basis, usually by Peripherals. j Examples: paper stock or scanner cleaning kits. Control Point Occurring at the end of each Stage, the Control Point serves as a formal client review point. Project progress cannot continue until the client acknowledges the agreed upon Deliverables of the Stage have been met or agree on an action plan to make the Deliverable acceptable and move to next Stage while executing final steps of current Stage. Cutover The point when a client begins using Tyler software in production_ Data Exchange A term used to reference Imports and Exports, and Interfaces which allow data to be exchanged between an external system and Tyler softwa re. Data Mapping The process of mapping fields from the Legacy System to the appropriate location in the new system from one or more sources. Deliverable A tangible or intangible object/document produced as a result of the Project that is intended to be delivered to a client (either internal or external) or vendor at a specific time. End User The person for whom the software is designed to use on a day-to-day basis. Forms A document which is typically printed on a template background and only captures data for one record per page. Forms are provided to entity cuzlui i icn � whether internal (employees) or external (citizens). A process within the system that a user is expected to run to consume Imports and Exports (Import) or produce (Export) a specifically defined file format/layout. Interface A real-time or automated exchange of data between two systems. 61 / 63 ire •S. W. tyler Install References the initial installation of software files on client services and i preparing the software for use during configuration. The version currently available for general release will always be used during the i initial install. Legacy System The system from which a client is converting. Modification Modification of software program package to provide individual client requirements documented within the Scope of the Agreement. Peripherals An auxiliary device that connects to and works with the computer in some way. Examples: mouse, keyboard, scanner, external drive, microphone, speaker, webcam, and digital camera. Phase A portion of the Project in which specific set of related products are typically implemented. Phases each have an independent start, Production Cutover and closure dates but use the same Implementation Plans as other Phases within the Project. Phases may overlap or be sequential and may have the same Tyler project manager and Tyler project team or different individuals assigned. Power User An experienced client person or group who is (are) an expert(s) in the client business processes, as well as knowledgeable in the requirements and acceptance criteria. Project ' The Project includes all implementation activity from Plan & Initiate to Closure for all products, Applications and functionality included in a j single Agreement. The Project may be broken down into multiple Phases. Project Plan The Project Plan serves as the master blueprint for the Project. As developed, the Project schedule will become a part of the Project Plan and outline specific details regarding tasks included in the Project Plan. Project Planning Meeting Occurs during the Plan & Initiate Stage to coordinate with the Client project manager to discuss Scope, information needed for project scheduling and resources. Questionnaire A document containing a list of questions to be answered by the client for the purpose of gathering information needed by Tyler to complete the implementation. RACI A chart describing level of participation by various roles in completing tasks or Deliverables for a Project or process. Also known as a responsibility assignment matrix (RAM) or linear responsibility chart (LRC). Reports Formatted to return information related to multiple records in a structured format. Information is typically presented in both detail and summary form for a user to consume. Scope Products and services that are included in the Agreement. 62 / 63 •�, tyler Software Upgrade References the act of updating software files to a newer software release. Stage : Stakeholder Presentation Standard The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project and requires acknowledgement before continuing to the next Stage. Some tasks in the next Stage may begin before the prior Stage is complete. _ Representatives of the Tyler implementation team will meet with key client representatives to present high level Project expectations and outline how Tyler and the Client can successfully partner to create an environment for a successful implementation. Included in the base software (out of the box) package. Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project -specific activities and Deliverables Tyler will provide to the client. Test Plan Describes the testing process. Includes "Test Cases" to guide the users through the testing process. Test cases are meant to be a baseline for core processes; the client is expected to supplement with client specific scenarios and processes. The process of testing and approving that a specific Deliverable, Validation (or to validate) process, program or product is working as expected. Work Breakdown A hierarchical representation of a Project or Phase broken down into Structure (WBS) smaller, more manageable components. AppendixA—Standard Reports 63 / 63 ° •••'•� tyler • ieChu�ologieG