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HomeMy WebLinkAboutAGENDA REPORT 2015 0506 CCSA REG ITEM 09G ITEM 9.G. MOORPARK CITY COUNCIL CITY OFMOORPARK,CALIFORNIA AGENDA REPORT City Council Meeting of 5"4 -,?oi,S— /�/ ACN2TION:,fsdT TO: Honorable City Council alyzaet 5 - 3 38 5 • FROM: Ron Ahlers, Finance Director ! vV BY: `Th. „-arm-- DATE: April 28, 2015 (City Council Meeting of May 6, 2015) SUBJECT: Consider Award of Contract for Software License and Services Agreement to Tyler Technologies and Resolution Amending the Fiscal Year 2014-15 Budget to Purchase Financial and Permitting Software SUMMARY The City's current financial software package is from SunGard, known as "Pentamation" or "Finance Plus". The City implemented the Pentamation software in 1999 and upgraded to Plus Series version 4.2 in late 2007. At that time, it was the most current version. Since then, SunGard has released versions 4.3 and 5.0. SunGard plans to release version 5.1 sometime in 2016. In August 2014 the City was notified by SunGard that their support of the software version 4.2 will be diminished as of July 2015. A portion of their email follows: Microsoft support for Windows Server 2003 and Windows Server 2003 R2 ends on July 14, 2015, which means the end of updates and patches, and a loss of compliance for any datacenter running this operating system after this date. We recommend that our impacted customers begin preparations now to migrate to a currently supported version of Windows Server, which includes all versions of Server 2008 and 2012 Remaining on Windows Server 2003 after July 2015 may negatively impact the performance of your SunGard Public Sector products. SunGard Public Sector's future product releases will not support Windows Server 2003 or Windows Server 2003 R2, in compliance with Microsoft support timelines. Products released before July 14, 2015 will continue to support the operating systems they support today; however, hotfixes for these products will no longer be tested for Windows Server 2003 compatibility after July 14, 2015. Because Windows Server 2003 is no longer supported, SunGard Public Sector's ability to support you on this system may be diminished after July 2015. 43 Honorable City Council May 6, 2015 Page 2 Since that time City staff has reviewed a few software packages and recommends the City Council consider contracting with Tyler Technologies to provide a new financial software for the City as well as a new permitting, planning, business registration software. The total projected cost proposed for the project implementation is $350,000. BACKGROUND The City implemented the Pentamation software in 1999 and upgraded to Finance Plus version 4.2 in late 2007. We have been using the software for sixteen (16) years. The software uses older technology and is not considered "user friendly". City staff from Administrative Services, Community Development, Public Works and Finance have reviewed three software packages and consider Tyler Technologies to be the right software solution for the City. The softwares reviewed are: SunGard FinancePlus 5.0, SunGard One Solution and Tyler Technologies. Staff also contacted New World Systems and requested a demo. After numerous emails and a phone conversation, New World Systems declined to return phone calls and email. SunGard FinancePlus 5.0 The quickest and least expensive route is to upgrade to version 5.0 of SunGard FinancePlus. The cost is about $22,000 for the software and another $81,000 for the computer servers. The risk is low with this decision. City staff will require minimal training as it is primarily the user interface that has changed. SunGard currently has a sixty-day backlog on their implementation projects. Four to six months is the normal implementation plan: install the operating and database software on the new servers, install FinancePlus 5.0 software and convert the City's data. Staff would run one or two complete parallel tests to ensure the entire finance software performs well. The City may need to hire temporary Finance professional staff to run the finance operations while we work on the upgrade. SunGard has stated the City can be live on the new version within six to eight months after the signing of the contract. The City will retain all the data that is currently in the system. This is an added benefit since we do produce reports that show a ten year history or longer. Since it is the Microsoft software that caused this upgrade to occur, I inquired about the lifespan of the Microsoft Service 2008 software. At this time, the software will be supported until the middle of 2019. Therefore, we would get about 4 '/z years of use from upgrading to version 5.0. There would be additional cost if the City were to purchase the permit, business license and planning software. There were constraints to adding the additional permitting packages, such as the "business license" component could not be changed to "business registration". Not Recommended. SunGard One-Solution The webinar demo was impressive. The software has a variety of nice offerings with GIS interface and built-in work flow management. It appears to be very flexible and 44 Honorable City Council May 6, 2015 Page 3 customizable to meet the City's needs for both Financials and Community Development applications. The price, however, is very expensive at approximately $265,000 for the financial software, $152,000 for HR/Payroll and another $475,000 for the Community Development package. In addition, the City would need to purchase new servers for these applications. The City cannot afford this implementation cost. In addition, this software would require many hours of staff time to keep the system running correctly on a going-forward basis. It probably would require one additional I.T. analyst and one user expert each in Finance and Community Development. Not recommended. Tyler Technologies Tyler Technologies demo was impressive as well. The Finance software allows for a very long account string and work-flow management. The product uses the latest software technology and the user interface is very well done. It appears to be a state of the art system which should enable staff to perform their jobs quicker and with more accuracy. In addition, the City Would need to purchase new servers for these applications, which are included in the price quote. Tyler Technologies price includes converting five years' worth of data from our current finance system (two years for budget). The vendor states implementation time of 8-9 months. The software also includes the "Energov Product Suite": Permitting and Land Management, License and Regulatory Management, Customer Relationship Management and Reporting. These Energov Product Suites would allow staff to implement online business registration, some online permitting applications (such as newly mandated solar building permits), and inspection scheduling. Staff estimates the software to be viable for about ten years. City staff visited three government agencies to view the software in a real live environment. The three agencies are: City of Sierra Madre, City of Agoura Hills and East Valley Water District (Highland, CA). The staff from the three agencies were all supportive of the Tyler software. All three lauded the technical support that Tyler provides. Two of the agencies stated that they required additional implementation and training hours above the stated contractual agreement. All three agencies are satisfied with the software and recommend it. City staff requested additional implementation and training hours be added to the quote from Tyler. The total contract price is $301,650. Recommended. FISCAL IMPACT The money for this purchase will come from the General Fund reserves in the amount of $350,000. The Tyler Technologies software price is $301,650, the remainder of $48,350 will be for contracting with a staffing agency for accounting services during the implementation phase of the project. 45 Honorable City Council May 6, 2015 Page 4 STAFF RECOMMENDATION (Roll Call Vote) 1. Adopt Resolution No. 2015- to appropriate $350,000 from the General Fund (1000) for the purchase and installation of Tyler Technologies software and to provide for contractual accounting services. 2. Authorize the City Manager to execute an agreement with Tyler Technologies subject to final language approval by the City Manager and City Attorney. Attachments: 1. Resolution No. 2015 - 2. Tyler Technologies License and Services Agreement 46 Attachment 1 RESOLUTION NO. 2015 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2014/15 BUDGET TO APPROPRIATE $350,000 FROM THE GENERAL FUND (1000) FOR THE PURCHASE AND INSTALLATION OF TYLER TECHNOLOGIES SOFTWARE AND TO PROVIDE FOR CONTRACTUAL ACCOUNTING SERVICES WHEREAS, on June 18, 2014, the City Council adopted the Operating and Capital Improvement Budget for Fiscal Year 2014/15; and WHEREAS, a staff report has been presented to City Council discussing the purchase and implementation of Tyler Technologies software for a new financial software, permitting, planning and business registration software; and WHEREAS, a budget amendment line item transfer of $350,000 from the General Fund (1000) to the Finance department operating accounts is required to fund this purchase; and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impact to the budget line items. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment from the General Fund (1000) and increase appropriations by $350,000, as more particularly described in Exhibit "A" attached hereto is hereby approved. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of May, 2015. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit A— Budget Amendment 47 EXHIBIT A BUDGET AMENDMENT FOR GENERAL FUND (100) TO PURCHASE TYLER TECHNOLOGIES SOFTWARE AND CONTRACTUAL ACCOUNTING SERVICES FY 2014/15 FUND ALLOCATION FROM: FUND TITLE FUND ACCOUNT NUMBER AMOUNT General Fund 1000-5500 $ 350,000 Total $ 350,000 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: BUDGET NUMBER CURRENT BUDGET REVISION ADJUSTED BUDGET 1000-5110-0000-9102 $ 106,600 $ 48,350 $ 154,950 1000-5110-0000-9503 $ 0 $ 301 ,650 $ 301 ,650 Total $ 106,600 $ 350,000 $ 456,600 Finance approval: 001n jer-Qedt-C--- 48 Contract No.2015-0092 '.:t tyler technologies LICENSE AND SERVICES AGREEMENT This License and Services Agreement is made between Tyler Technologies, Inc. and Client. WHEREAS,Client selected Tyler to license the software products and perform the services set forth in the Investment Summary and Tyler desires to perform such actions under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement,Tyler and Client agree as follows: SECTION A—DEFINITIONS • "Agreement"means this License and Services Agreement. • "Business Travel Policy"means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client" means City of Moorpark. • "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. • "Developer"means a third party who owns the intellectual property rights to Third Party Software. • "Documentation"means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • "Effective Date"means the date on which your authorized representative signs the Agreement. • "Force Majeure"means an event beyond the reasonable control of you or us, including,without limitation,governmental action,war, riot or civil commotion,fire,natural disaster,or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • "Investment Summary"means the agreed upon cost proposal for the software, products,and services attached as Exhibit A. • "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • "Maintenance and Support Agreement"means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current Maintenance and Support Agreement is attached as Exhibit C. • "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 End User License Agreement(s)"means the end user license agreement(s), if any,for the Third Party Software attached as Exhibit D. • "Third Party Hardware"means the third party hardware, if any, identified in the Investment Summary. 49 • "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. • "Tyler"means Tyler Technologies, Inc., a Delaware corporation. • "Tyler Software"means our proprietary software and related interfaces identified in the Investment Summary and licensed to you through this Agreement. • "we","us","our and similar terms mean Tyler. • "you"and similar terms mean Client. SECTION B—SOFTWARE LICENSE 1. License Grant and Restrictions. 1.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup and testing purposes,so long as such copies are not used in production and the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply with the terms of this Agreement. 1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 1.3 You may not: (a)transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend,or provide commercial hosting services with the Tyler Software;or(d) publish or otherwise disclose the Tyler Software or Documentation to third parties. 1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement. 1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance associated with such transfer. 1.6 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties. We own the title,copyright,and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed,not sold. 2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by completing a standard beneficiary enrollment form and paying the annual beneficiary fee (currently$756) directly to the escrow agent.You will be responsible for maintaining your ongoing status as a beneficiary, including payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of the escrow agreement. •• ••. tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 2 50 • 4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s)as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted,we will use all reasonable efforts,consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement. SECTION C—PROFESSIONAL SERVICES 1. Services. We will provide you the various implementation-related services itemized in the Investment Summary. You will receive those services according to our industry-standard implementation plan,which outlines roles and responsibilities in calendar and project documentation. We will finalize that documentation with you upon execution of this Agreement. 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. 3. Additional Services. The Investment Summary contains the scope of services and related costs(including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required,or if you use or request additional services,we will provide you with an addendum or change order,as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty(30) days from the date of the quote. 4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two(2)weeks in advance of commitments. Therefore, if you cancel services less than two(2)weeks in advance(other than for Force Majeure or breach by us),you will be liable for all (a)non-refundable expenses incurred by us on your behalf, and (b)daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two(2)weeks of scheduled commitments. 5. Services Warranty. We will perform the services in a professional,workmanlike manner,consistent with industry standards. In the event we provide services that do not conform to this warranty,we will re- perform such services at no additional cost to you. 6. Site Access and Requirements. At no cost to us,you agree to provide us With full and free access to your personnel,facilities, and equipment as may be reasonably necessary for us to provide implementation services,subject to any reasonable security protocols or other written policies provided to us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and Third Party Products, including,without limitation, sufficient electrical circuits,cables,and other reasonably necessary items required for the installation and operation of the Tyler Software and Third Party Products. 7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to sp.. tyler 1• Ix�ntlopiot Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 3 51 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). SECTION D—MAINTENANCE AND SUPPORT This Agreement includes the period of free maintenance and support services identified in the Invoicing and Payment Policy. If you have purchased ongoing maintenance and support services,and continue to make timely payments for them according to our Invoicing and Payment Policy,we will provide you with maintenance and support services for the Tyler Software under the terms of our standard Maintenance and Support Agreement. If you have opted not to purchase ongoing maintenance and support services for the Tyler Software Products,the Maintenance and Support Agreement does not apply to you. Instead,you will only receive ongoing maintenance and support on the Tyler Software Products on a time and materials basis. In addition,you will: (i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Tyler Software Products, including fixes, enhancements and patches; (iii) be charged our then-current rates for support services,or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software Products; (iv) be charged for a minimum of two(2) hours of support services for every support call;and (v) not be granted access to the support website for the Tyler Software Products or the Tyler Community Forum; SECTION E—MYGOVPAY/VIRTUAL PAY The MyGovPay/Virtual Pay functionality,to the extent you have purchased it, is provided to you according to the terms and conditions set forth in this Agreement, and the provisions of Exhibit D. SECTION F—THIRD PARTY PRODUCTS 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any,for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. Upon payment in full of the Third Party Software license fees,you will receive a non- transferable license to use the Third Party Software and related documentation for internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party End User License Agreement(s). 2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in 4. tyler .� Iechooico, Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 4 52 the Investment Summary. 2.2 If the Developer charges a fee for future updates, releases,or other enhancements to the Third Party Software,you will be required to pay such additional future fee. 2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance associated with such transfer. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software. 3.2 The Third Party Hardware will be new and unused,and upon payment in full,you will receive free and clear title to the Third Party Hardware. 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. Maintenance. If you have a Maintenance and Support Agreement in effect,you may report defects and other issues related to the Third Party Software directly to us,and we will (a)directly address the defect or issue,to the extent it relates to our interface with the Third Party Software; and/or(b)facilitate resolution with the Developer, unless that Developer requires that you have a separate,direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with Tyler,you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer. SECTION G—INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you the fees for the license(s), products,and services in the Investment Summary per our Invoicing and Payment Policy, subject to Section G(2). 2. Invoice Disputes. If you believe any delivered product or service does not conform to the warranties in this Agreement,you will provide us with written notice within fifteen (15) days of your receipt of the applicable invoice. The written notice must contain sufficient detail of the issues you contend are in dispute. We will provide a written response to you that will include either a justification of the invoice, an adjustment to the invoice,or a proposal addressing the issues presented in your notice. We will work together 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 only withhold payment of the amount(s)actually in dispute until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you,then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above. SECTION H—TERMINATION tylerBz Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 5 53 1. For Cause. You may terminate this Agreement for cause in the event we don't cure,or create a mutually agreeable action plan to address, a material breach of this Agreement within forty-five(45)days of receiving a written notice of the alleged breach. You agree to comply with Section 1(3), Dispute Resolution, prior to termination. In the event of termination for cause,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. 2. Lack of Appropriations. If you should not appropriate or otherwise make available funds sufficient to purchase, lease, operate,or maintain the products or services set forth in this Agreement,you may unilaterally terminate this Agreement upon thirty(30)days written notice to us. In the event of termination due to a lack of appropriations,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. You will not be entitled to a refund or offset of previously paid license and other fees. You will not use a termination for lack of appropriations as a substitute for termination for convenience. 3. Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of scheduled tasks for a period of forty-five(45)days or more. In the event of termination due to Force Majeure,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. You will not be entitled to a refund or offset of previously paid license and other fees. SECTION I—INDEMNIFICATION,LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s)that the Tyler Software 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 1(1)will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software; (b)combining the Tyler Software with any product or device not provided,contemplated,or approved by us; (c)altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non- licensed third parties; or(e)willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software,we may,at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b)modify it to make it non-infringing;or(c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 6 54 1.4 If, as a result of an infringement or misappropriation claim,your use of the Tyler Software is enjoined by a court of competent jurisdiction,in addition to paying any adverse final judgment(or settlement to which we consent),we will, at our option,either: (a) procure the right to continue its use; (b)modify it to make it non-infringing; (c) replace it with a functional equivalent;or(d)terminate your license and refund the license fees paid for the infringing Tyler Software. This section provides your exclusive remedy for third party copyright,patent, or trademark infringement and trade secret misappropriation claims. 2. Property Damage and Personal Injury Indemnification. 2.1 We will indemnify and hold harmless you and your agents,officials,and employees from and against any and all direct 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 our negligence or willful misconduct. 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 direct 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. 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 THE LESSER OF(A)YOUR ACTUAL DIRECT DAMAGES OR(B)THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS I(1)AND 1(2). 5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL,INCIDENTAL,PUNITIVE, INDIRECT,OR CONSEQUENTIAL DAMAGES WHATSOEVER,EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Insurance. During the course of performing services under this Agreement,we agree to maintain the following levels of insurance: (a)Commercial General Liability of at least$1,000,000; (b)Automobile Liability of at least$1,000,000; (c) Professional Liability of at least$1,000,000;and (d)Workers Compensation complying with applicable statutory requirements. We will add you as an additional insured and provide you with copies of certificates of insurance upon written request. SECTION J—GENERAL TERMS AND CONDITIONS 1. Additional Products and,Services. You may purchase additional products and services at the rates set forth %p. tyier Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 7 55 in the Investment Summary for twelve (12) months from the Effective Date, and thereafter at our then- current list price, by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date. 3. Dispute Resolution. You agree to provide us with written notice within thirty(30)days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party,appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will meet at your office 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, either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including,without limitation,sales, use,or excise tax. If you are a tax-exempt entity,you agree to provide us with a tax-exempt certificate. Otherwise,we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit,you agree to provide us with a copy. For clarity,we are responsible for paying our income taxes, both federal and state, as applicable,arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment,tenure,and terms of employment,or otherwise with respect to any matter directly or indirectly relating to employment concerning race,color, religion, national origin,age,sex,sexual orientation,ancestry,disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height,weight, marital status,or political affiliation. We will post,where appropriate,all notices related to nondiscrimination as may be required by applicable law. 6. E-Verify. We have complied,and will comply,with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. No Assignment. Neither party may assign this Agreement without the prior written consent of the other party; provided, however,that your consent is not required in the event we have a change of control. 9. Force Majeure. 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 ••:•. tyler1P Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 8 56 written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party End User License Agreement(s). 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. 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 must be in writing and will be deemed delivered upon the earlier of the following:(a)actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,return receipt signed by an employee or agent of the receiving party;(c)upon receipt by sender of proof of email delivery;or(d) if not actually received,five(5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested)affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations,and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes,without limitation, personal identifying information (e.g.,social security numbers)and trade secrets,each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: •• •s. tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 9 57 (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 the State of Texas,without regard to its rules on conflicts of law. 20. Multiple Originals and 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. 21. 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 Maintenance and Support Agreement Schedule 1:Support Call Process Exhibit D MyGovPay/VirtualPay Exhibit E Statement of Work [SIGNATURE PAGE FOLLOWS] % . tyler bRio_ Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 10 58 IN WITNESS WHEREOF,a duly authorized representative of each party has executed this Agreement as of the date(s)set forth below. Tyler Technologies, Inc. City of Moorpark Local Government Division By: By: Name: Name: Title: Title: Date: Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Moorpark 5519 53rd Street 799 Moorpark Ave. Lubbock,Texas 79414 Moorpark, CA 93021 Attention: Brett Cate Attention: Finance Director •:t tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 11 59 Exhibit A ••e ®® tyler • technologies Investment Summary The following Investment Summary details the software, products, and services to be delivered by Tyler Technologies, Inc.to you under your License and Services 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 your License and Services Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] �.t. tyle voindorieS Copyright 2014 Tyler Technologies,Inc. All Rights Reserved - 12 60 Exhibit A Investment Summary Ron Mania e•• tyler ee e Cry or Moorpark ee tea+nolo8:es Contract 10 8: 2015-0098 Prepared ler: City of Moorpark Contact Porton: Ron Ahlers Issue Date: 04122715 Address: 799 Moorpark Ave. Moorpark.CA 93021-1155 Phone: 805-517-6249 Sales Rep: K Winget Fax: Email: rahlers@clmoo,park.ca.us Tax Exempt: Yes/No Sof tw,n r,Licunsv P;:yni„nl., Total Hardware 20,399 20,399 Total Applications Software License Fees-INCODE Financial Sule 10,413 24,991 6,248 41,651 10,413 License Fees-INCODE Pereomml Management Sone 3,125 7,500 1,875 12,500 3,125 License Fees-INCODE Customer Relationship Management Suite 3,300 7,920 1,980 13,200 2,613 License Fees-Energov Product Safe 12,313 29,550 7,388 49,250 12,313 License Fees-INCODE Document Management Suite 4,744 11,385 2,846 18,975 4,744 Less Discount (7,500) (18,000 (4.500) (30,000 Total Professional Services Implementation 84,375 84,375 Project Management&Find Implementation 2Z500 22.500 Date Conversion 68,800 68,800 Annual Services Employee Sep Service 3.234 Tyler On Demand-Tyler U 500 •Earlier of first use of Tyler Software In live production or 180 days from the date the Tyler Software is made available for downloading. Mame Nota:Trtvel•spen•ea Wald NSW as Incurred. • = tyler • technologies Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 13 61 Exhibit A Software Licenses ••• tyler Ron Mien • • City of Moorpark •••• 1..nnr,k „•. April 22,2815 Estimated Application Software CITY Hours Services License Fee Estimated Services Annual Fee Incode Financial Management Suite 41,651 23,000 10,413 Core Financials 96 12,000 (General Ledger,Budget Prep,Bank Recon,Accounts Payable) Positive Pay CAFR Statement Budder 36 4,500 Purchasing 36 4,500 Fixed Assets 16 2,000 Incode Personnel Management Suite 12,500 17,000 6,359 Personnel Management 72 9,000 Employee Self Service (Number of FTE Employees) 50 32 4.000 N/C (Employee Portal) ESS Benefits Administration(Number of FTE Employees) 48 1,584 ESS Time 8 Attendance(Number of FTE Employees) 50 32 4,000 1.650 Incode Customer Relationship Management Suite 13200 4.500 2.613 Cashedng 20 2,500 (Support Credit/Debt Cards via ETS,PCI Compliant) Cashedng Receipt Impon(Generic Interface) Included Included Miscellaneous Accounts Receivable 16 2000 Energov Product Suite Up to 20 Users 49,250 37.875 12,313 Permitting 8 Land Management Permitting 8 Inspections 120 15,000 Object Management 12 1,500 - E-Reviews Server 12 1,500 Llcenu&Regulatory Management License Management 60 7,500 Customer Relationship Management Code Enforcement 60 7,500 System Extensions Customer Portal Permitting 8 Inspections - 8 1,000 licensing 6 1,000 GIS Server 8 1,000 iG Workforce Server 6 1,000 iG Workforce'Pad Apes(each) 1 7 875 Incode Content/Document Management Suite 18,975 2,000 4,744 blade Printing and Reporting Solutions Standard Fonio Package Included Included • (4 Overlays for Fnenc®k,1 Logo) Secure Signatures(imitates 2 signatures) Included Included Output Director Output Director 6 1,000 (Base Engle,Print Output Channel,Tyler Content Management Ou4out Channel,Email Output Channel) Laeelk4he Financial&Personnel Suite Interface 8 1,000 Laserfrlhe Output Channel Included Included Professional Services 22.500 Business Process Review/Discovery 40 5,000 Find Implementation 40 5,000 Project Management 12,500 Mcode Application Subtotal 675 84,375 135,576 84.375 36,441 Professional Services 80 22,500 22,500 Preferred Customer Discount (30,000) Application and System Software Total 755 106,875 105,576 106,875 38,441 •. . tyle itycl!rmirq Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 14 62 Exhibit A Professional Services ee Ron Miers vs% tyler City of Moorpark ee technologies April 22,2015 Estimated Conversion Services Programming Fee Hours Services Conversion Fee Financial Applications 21,500 General Ledger 4,000 8 1,000 -Chart of Accounts -Budget(2 years+Current) -Summarized YTD History Summarized History/Budget 5 Years total 500 4 500 Transaction History-5 Years total 1,500 8 1,000 Legacy/Historical Views 1.000 8 1,000 Accounts Payable 3,000 4 500 -Vendor Master Info,address,primary contact -1099 Balances(current year) Vendor Notes,Additional Contacts 500 4 500 Detailed History-(payable,payable items,distribution)5 Years total 1,500 8 1.000 Legacy/Historical Views 1,000 8 1,000 Fixed Assets 1,500 4 500 -Assets information with improvements,totals only.no history) Personnel/Payroll Applications 15,000 Personnel Management/Payroll 5,000 28 3,500 -Basic Employee Information-employee master,address,primary contact.standard dates 0.e.hire,birth,termination,leave),standard phones(work,home,cell).current direct deposit,current position,retirement,employee deductions,employee taxes -Current Year Leave Balances -Current Year detailed employee pay history-paycheck earnings,earning distribution,deductions and taxes OR current year quartet,summarized history Detailed Employee Information 1,000 8 1,000 -Additional contacts;dependent details,notes,additional dates(i.e.anniversary, seniority),additional Oates(i.e.spouse,fax) Detailed employee pay history 5 Years total 1,500 8 1.000 Legacy/Historical Views 1,000 8 1,000 Permitting&Licensing 32,300 Penults&Inspections 6,400 8 1,000 -Permit Master(includes contacts&properties) Contractors 2.000 4 500 Inspections 2,000 8 1,000 Transactions(2 years+current) 2,000 4 500 Licensing 6,400 8 1,000 -License Master(includes contacts&properties) Transactions(2 years+current) 2,000 8 1,000 Code Enforcement 4.000 20 2,500 -Incidents(includes property&contact info) Conversion Services Total 47,800 168 21,000 68,800 Note: Financial data conversion consists of current year plus 5 years history. Entrgov data conversion consists of currant year plus 2 yews history. •••••••••• tyler e• mamaamec Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 15 63 Exhibit A Hardware&System Software Ron Alan •••,a tyler City of Moorpark ••- technologies April 22,2015 Network Systems and Software OTY Price Maintenance Source Dell PowerEdgs T830(Specify Tower or 4-Post SU Rack Mount) 2 13,800 Dell-36 mos on-site warranty lisle Keane E5-2620 v3.2 a0G11z.6 ewe,12 threed,15M Cache,8.00115 DPI,85W 16GB 1600MHz ROW Memory 2-300 GB 151(RPM Hol swap SAS HDD(RAID/-30008 Usable capacity) 3-300 OB 15K RPM Hot swap SAS HOD(RAID5-60008 Usable capacity) PERC H730 Raid controller DVD-ROM SATA Gigabit Ethernet Dual Redundant 750w Power Slpplies Keyboard/Mouse 3 year ProSuppat and NBD costa warranty Windows 2012R2 Startled Edition,2 Socket 2 VM(No GALS) R01000 Backup Drive 500/1TB c/l Cartridges 1 1,800 Unlntemptlble Power Supplies(UPS) Tower-APC 1500-(SMT1500) 1 635 APC UPS Network Management Card(0C3030) 1 275 Backup Licensing Backup Assist(per server Out needs Image backup) 1 220 Bacup Assist wl50L Addon(per SQL server Out needs Image backup) 1 335 OEM Operating Systam and Terminal Server Licensing(from Dell) Additional 2012 Client Licenses 5-pack 2 330 —Cts(KenApp available upon rawer SOL SERVER 2012 ISV RUNTIME LCENSING Microsoft SOL Server 2012 RUNTIME 1 499 Microsoft SOL 2012 RUNTIME CAL 20 2,100 NOTE:By selecting RUNTIME licensing the customer is legally bound to ONLY use SQL Server RUNTIME for Tyler TechnologiesApplications. AN1VIRUS LICENSING Tread Micro Nbny-Free Business Security Media CD REQUIRED 1 PER SITE 1 30 Worry-Free Business Security Standard 1 Yr 2-25 Uan 15 375 'Trend Micro requires a minimum purchase of 5licensee* —Assistance with new IMMOations will Incur normal phone support M of$75 per 112 hour If client Is not on current support plan Hardware and System Software Total 20,399 S! tyler Copyright 2014 Tyler Technologies,Inc. - -- All Rights Reserved 16 64 Exhibit A Tyler On Demand -Tyler U �• tyler Ron Mien �����a City of Moorpark �� tedmdoales Apra 22,2075 Service Annual fes Tyler On Demand-Tyler U Tyler U Subscription 500 -E-learning courses available far all employees during the subsaiption period -Unlimited access to hundreds of e-learning courses spanning the entire suite of Tyler applications -Unlimited access to on-demand Continuing Professional Education credit courses certified by NASBA standards -Unlimited access to Government compliance courses such as HIPAA Compliance,Red Flag Rules,and Workplace Harassment Prevention -Available 24/7 -New courses created continually Tyler Technologies,Inc.is registered with the National Association of State Boards of Accountancy(NASBA)as a sponsor of continuing professional education on the National Registry of CPE Sponsors.State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.leamingmarket.org Tyler Online Training Center Total 5500 • •� tyler �llMinbNns Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 17 65 Exhibit B °• % tyler technologies Invoicing and Payment Policy Tyler Technologies, Inc.will provide you with the software, products,and services set forth in the Investment Summary of your License and Services Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your License and Services Agreement. Invoicing: We will invoice you for the applicable license fees, products,and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in your License and Services Agreement. 1. Tyler Software. 1.1 License Fees: License fees are invoiced as follows:(a)25%on the Effective Date; (b)60%on the date when we make the applicable Tyler Software available to you for downloading(the "Available Download Date"); and (c) 15%on the earlier of first use of the Tyler Software in live production or (180)days after the Available Download Date. 1.2 Maintenance and Support Fees: Maintenance and support fees are waived through the earlier of (a) ninety(90)days after use of the Tyler Software in live production; or(b) one hundred eighty (180)days after the Available Download Date. Subsequent maintenance and support fees,at Tyler's then-current rates, are invoiced annually in advance on the anniversary of that earlier-of date. 2. Professional Services. 2.1 Implementation and Other Professional Services(including training): Implementation and other professional services (including training)are billed at hourly rates and invoiced as delivered. 2.2 Requested Modifications to the Tyler Software: Requested modifications to 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. 3. Third Party Products. 3.1 Third Party Software License Fees: License fees for Third Party Software 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. 4. tylerw Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 18 66 Exhibit B 3.3 Third Party Hardware:Third Party Hardware costs are invoiced upon delivery. 4. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses will be billed as incurred and only in accordance with our 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 on an exception basis for an administrative fee. Receipts for mileage or miscellaneous items less than twenty-five dollars are not available. Payment. Payment for undisputed invoices is due within forty-five(45) days of the invoice date. Maintenance and support fees are due on each anniversary of the Available Download 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 . tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 19 67 Exhibit B Schedule 1 ••4:06% tyler • • technologies Business Travel Policy 1. Air Travel A. Reservations&Tickets Tyler's Travel Management Company(TMC)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 day advance booking requirement is mandatory. When booking less than seven days in advance,management approval will be required. Except in the case of international travel where a segment of continuous air travel is scheduled to exceed six hours,only economy or coach class seating is reimbursable. B. Baggage Fees Reimbursement of personal baggage charges are based on trip duration as follows: • • Up to five days=one checked bag • Six or more days=two checked bags Baggage fees for sports equipment are not reimbursable. 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. tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 20 68 Exhibit B Schedule 1 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;additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip(15-18%)are reimbursable. In the case of a free hotel shuttle to the airport,tips are included in the per diem rates and will not be reimbursed separately. D. Parking&Tolls When parking at the airport,employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges,public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented. 3. Lodging Tyler's TMC will select hotel chains that are well established,reasonable in price,and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn,and Holiday Inn Express. If the employee has a discount rate with a local hotel,the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. "No shows"or cancellation fees are not reimbursable if the employee does not comply with the hotel's cancellation policy. Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status 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. tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 21 69 Exhibit B Schedule 1 A. Overnight Travel For each full day of travel,all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below. Departure Day Depart before 12:00 noon Lunch and dinner Depart after 12:00 noon Dinner Return Day Return before 12:00 noon Breakfast Return between 12:00 noon&7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast,lunch and dinner *7:00 p.m.is defined as direct travel time and does not include time taken to stop for dinner The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows: • Breakfast 15% • Lunch 25% • Dinner 60% B. Same Day Travel Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.* *7:00 p.m.is defined as direct travel time and does not include time taken to stop for dinner 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 intemet access at airports are not reimbursable. •. tylertech.log1P Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 22 70 Exhibit C 416: :GO tyler technologies • Maintenance and Support Agreement Tyler Technologies, Inc.will provide you with the following maintenance and support services for the Tyler Software licensed to you. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your License and Services Agreement. 1. Term. We provide maintenance and support services on an annual basis. The initial term commences on the earlier of(a) ninety(90)days after use of Tyler Software in live production; or(b) one hundred eighty (180)days from the date when we make the applicable Tyler Software available to you for downloading (the "Available Download Date")and remains in effect for one (1)year. The term will renew automatically for additional one(1)year terms unless terminated in writing by either party at least thirty(30)days prior to the end of the then-current term. 2. Maintenance and Support Fees. Your initial maintenance and support fees for the Tyler Software licensed to you are listed in the Investment Summary of your Agreement. Those amounts are payable in accordance with our Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within sixty(60)days of the due date. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended. 3. Maintenance and Support Services. As long as you are trained on the Tyler Software, and timely pay your maintenance and support fees,we will, consistent with our then-current Support Call Process: 3.1 perform our maintenance and support obligations in a professional,good,and workmanlike manner, consistent with industry standards,to conform the Tyler Software to the warranty set forth in your Agreement; provided, however,that if you modify the Tyler Software without our consent,our obligation to provide maintenance and support services on and warrant the Tyler Software will be void; 3.2 provide telephone support during our established support hours; 3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software in order to provide maintenance and support services; 3.4 provide you with a copy of all releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect;and 3.5 support prior releases of the Tyler Software in accordance with our then-current release life cycle policy. • t tyler0. , es Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 23 71 Exhibit C 4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support services remotely. Currently,we use a third-party secure unattended connectivity tool called 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 can't resolve a support issue remotely,we may be required to provide onsite services. In such event,you agree to provide us with full and free access to the Tyler Software, working space,adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features,or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes. 5. Excluded Services. Maintenance and support fees do not include fees for the following services:(a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support(unless Tyler cannot remotely correct a defect in the Tyler Software); (c) application design; (d)other consulting services; (e) maintenance and support of an operating system or hardware; (f)support outside our normal business hours as listed in our then-current Support Call Process;or(g) installation,training services,yr third party product costs related to a new release. Requested maintenance and support services beyond those outlined in this section will be billed to you at our then current rates. We do not guarantee resolution of a Defect in a version of the Tyler Software Products older than one version behind the then- current release. We reserve the right to decline support calls from users who have not received the required training on the Tyler Software. 6. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1. • . tyler ••�• !n� Mrez Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 24 72 Exhibit C Schedule 1 :: •. e. tyler IB technologies Incode Customer Support 1 About Incode Customer Support Support Availability _ Incode Customer Support Monday-Friday 7 a.m.to 7 p.m.(Central) Tyler Public Safety Support ( Monday-Friday 7 a.m.to 7 p.m.(Central) Incode Customer Support consists of four functional areas: • Financial Modules—General Ledger,Accounts Payable,Payroll,Fixed Assets,Budgeting,Check Reconciliation,etc. • CIS/CRM Modules—CIS includes Utility Billing,Cash Collections,Handhelds,and Service Orders;CRM includes Accounts Receivable,Business License,Building Projects,Call Center,Cemetery Records,and Sales Tax. • Court Case Management • Tyler Public Safety(TPS) Each functional area consists of four levels of personnel:(1)Front line Customer Support Representatives are assisted by(2)Advisors —senior representatives—and both are managed by(3)Team Leaders.These Team Leaders report to the(4)Support Group Managers. 2 Contacting Incode Customer Support Incode Customer Support can be contacted by 1. Email—Great for low priority and project-type issues • 2. Chat—Useful for quick help and allows you to do other tasks while we resolve your issue 3. Internet—Best for low priority and project-type issues 4. Telephone—Great for complex questions 2.1 Email Support at Incode.Support(a)tylertech.com I. From any Incode window,click Help on the menu bar and select Support>Email to open an email message with this address.The email message must contain the following information: • Area of support(use the list above as a reference for functional areas) • • Question • Priority • Priority 1—Critical(system is currently down) • Priority 2—High(need immediate assistance) • Priority 3—Medium(respond within one day) • Priority 4—Non-critical tylern Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 25 73 Exhibit C Schedule 1 • Your contact information • Screen prints or attachments(as necessary) 2. Your email will be received and logged by Incode Support,and an incident number will be assigned.You will receive an email reply from Incode Support with the incident number. 2.2 Chat with a Support representative online at www.tylertech.com. Log in to tylertech.com and click Client Support>Incode>Live Support to chat with a Support team member via instant message. Just click on the area of support needed and follow the prompts. 2.3 Create a Support incident online at www.tvlertech.com. Log in to tylertech.com and click Online Support Incidents>Enter Online Support Incidents>Add a new support incident. Follow the prompts to log a new incident with Incode Support.You will receive an incident number after you click Submit. 2.4 Call Support toll-free at 1-800-646-2633. • Press I for Support • Press I for Incode Support(Financials,Cash Collections,Utility Billing,Citizen Services,and Municipal Court) o Press I for Financials o Press 2 for Cash Collections o Press 3 for Utility Billing o Press 4 for Citizen Services o Press 5 for Municipal Court • Press 2 for Tyler Public Safety • Press 3 for Imaging Support(Tyler Content Manager) • Press 4 for Version 10 Support(V.X Financials,V.X CRM,and V.X Court) o Press I for V.X Financials Support o Press 2 for V.X CRM Support(Cashiering and Utility Billing) o Press 3 for V.X Court • Press 0 for an Operator • Press 2 for an Existing Incident The average hold time is approximately 5 minutes.This time may increase at critical times such as fiscal year end,quarter end,and calendar year end due to the volume of calls received. 3 Incident Management and Escalation Incode Support takes great pride in serving our clients and being responsive to support issues.Exceeding our clients'expectations is our constant goal.We closely monitor all support metrics and report them to Executive Management on a weekly basis.In addition, our Support Team I P•ders monitor Support response and resolution times on a daily basis. There may be times when support incidents need more attention or a faster response.We encourage our clients to communicate the level of urgency or priority of support issues so that we can respond to incidents appropriately.A support incident can be escalated by any of the following methods: ••� •. tyler eth ogex Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 26 74 Exhibit C Schedule 1 I. Use any of the support channels mentioned in the"Contacting Incode Customer Support"section above to request an escalation. 2. Access the client support portal at www.tylertech.com. a. Click Online Support Incidents. b. In the incident grid,click the incident you need to escalate to open it. c. Mark the Escalate the priority of this incident checkbox at the bottom of the incident detail page.This sends an email notifying the Support team to escalate the incident. 3. Alternatively,you can escalate the support incident through the management channels outlined below. Incode Financials Cathy Curtis Team Leader 806.791.8251 V.X Financials Michele Nickerson Financial Support Manager 207.356.9348 Incode CIS/CRM Steve Roberts Team Leader 806.791.8247 V.X CRM Audrey Salazar Technical Lead 806.791.8258 Court/Tyler Public Safety Rita Ewings Court/FPS Support Manager 806.791.8237 V.X Court Amanda Hogan Team Leader 806.791.8265 Public Safety David Watson Team Leader 806.791.8228 Property Tax Heidi Thompson Operations Manager 806.791.8249 Software Support Michele Nickerson Financial Support Manager 207.356.9348 Technical Support Michael Lao Technical Services Support 806.791.8231 Manager Installs and Upgrades Michael Hoffmann Technical Services Deployment 806.791.8230 Manager Support Bryan Thompson Director of Support 806.791.8226 Executive Management Dane Womble Chief Operating Officer 806.791.8220 Please do not hesitate to use any of these escalation methods so that we may better serve you. 4 Additional Resources on • Click Online Support Incidents to look up ALL previous requests made by your site(regardless of how the request was submitted). • Access the Tyler Community and hover over the Incode menu button to expand the dropdown.Select the appropriate software suite(Financials,CIS/CRM,Court,TPS,etc.). o The Search feature allows you to look for content on certain topics or to answer specific questions. o The Blog highlights helpful tips and tricks and other valuable information related to your software. o The Library includes documents covering a wide range of topics(e.g.,release notes,tax preparation documents,Connect documents). o The Wild contains FAQs and additional help content. o The Forum provides an area where you can ask a question of our staff or of other Tyler Community members.This is a great way to share information,get the opinion of fellow Tyler clients,and have questions answered quickly. •�f. t ler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 27 75 Exhibit C Schedule 1 Tyler Holiday Schedule Tyler observes many of the same holidays our clients do. In order to allow our staff time away from work our offices will be closed on the holidays listed below. There will be no support coverage on these days. New Year's Da Thanks: vin• Da Ind .endence Da Christmas Eve • % tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 28 76 Exhibit D MyGovPay/VirtualPay and IVR MyGovPay/VirtualPay 1. MyGovPay/VirtualPay Licensing. Access to MyGovPay and/or Virtual Pay is hereby granted if Customer elects to use MyGovPay or VirtualPay, products of Tyler Technologies(Powered by BankCard Services Worldwide), designed for Citizen Users to use for processing online payments. (a) Special MyGovPay/VirtualPay Definitions. "BCSW"means BankCard Services Worldwide,a Payment Card Industry(PCI)compliant processing agent through which the EnerGov Software passes credit card transactions. "Merchant Agreement"means the agreement between Customer and BCSW that provides for the Merchant Fees. "Merchant Fees"means direct costs levied by Visa/Mastercard/Discover or other payment card companies for Interchange Fees,Dues,Assessments and Occurrence Fees,over which Tyler Technologies has no authority. MyGovPay"means the Product of Tyler Technologies that allows members of the public to pay for Customer's services with a credit or other payment card on the Customer's citizen-facing web portal. "Use Fees"means the Technology Fees,Authorization Fees and Program/Convenience Fees as listed in Use Fees Table in Section 2,titled MyGovPay/VirtualPay "VirtualPay"means the Product of Tyler Technologies that allows the Customer to accept and process citizen user's credit or other payment card using the EnerGov Software. (b) Conditions of Use. If customer elects to use MyGovPay and/or VirtualPay the following terms apply: (1) Customer must apply for and agree to a Merchant Agreement with BCSW. (2) Customer agrees that Citizen Users will be subject to Use Fees as listed in Use Fees table in Section 2. (3) Customer agrees that Use Fees are separate from and independent of Merchant Fees. (4) Customer agrees that this Agreement does not represent any modification to Customer's Merchant Agreement with BCSA. (5) Customer agrees that Use Fees are for use on the MyGovPay/VirtualPay online system and will not be deposited or owed to Customer in any way. (6) Customer agrees that MyGovPay's and VirtualPay's ability to assess Use Fees is dictated by the Card Associations whose rules may change at any time and for any reason. If MyGovPay and/or VirtualPay,for any reason,are unable to process payments using Use Fees,Customer agrees that MyGovPay/VirtualPay reserves the right to negotiate a new pricing model with Customer for the continued use of MyGovPay and/or VirtualPay. 2. MyGovPay/VirtualPay Fees. Customer agrees that the Use Fees set forth on the following page will apply if Customer elects to use MyGovPay/VirtualPay. USE FEES TABLE FOLLOWS ON NEXT PAGE ••. . tylertednY Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 29 77 Exhibit D Use Fees EnerGov's MyGovPay(Online/card-not-present payments)** 2.79% $0.20 3.29% N/A "ACH processing is available for a fee of$20 per month and$0.30 per transaction. EnerGov's VirtualPay(retail card present) 2.59% $0.15 2.99% N/A Patron Paid fees will be communicated as "Service Fees"to the cardholder, at the time of transaction. In the event that the average transaction amount is below$30, we reserve the right to apply an additional$0.20 service fee above the quoted rates above. 3. Interactive Voice Response("IVR"). If IVR is selected by Customer and included in the pricing,the following additional terms and conditions shall apply of this Agreement: (a) Network Security.Customer acknowledges that a third-party is used by Tyler Technologies to process IVR data. Customer's content will pass through and be stored on the third-party servers and will not be segregated or in a separate physical location from servers on which other customers'content is or will be transmitted or stored. (b) Content.Customer is responsible for the creation,editorial content,control,and all other aspects of content to be used solely in conjunction with the EnerGov Software. (c) Lawful Purposes.Customer shall not use the IVR system for any unlawful purpose. (d) Critical Application. Customer will not use the IVR system for any life-support application or other critical application where failure or potential failure of the IVR system can cause injury,harm,death,or other grave problems,including,without limitation,loss of aircraft control,hospital life-support system, and delays in getting medicate care or other emergency services. tyler Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 30 78 Exhibit D (e) No Harmful Code. Customer represents and warrants that no content designed to delete,disable, deactivate,interfere with or otherwise harm any aspect of the IVR system now or in the future,shall be knowingly transmitted by Customer or Users. (f) IVR WARRANTY. Except as expressly set forth in this Agreement,TYLER TECHNOLOGIES MAKES NO REPRESENTATION AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE,NON-INFRINGEMENT,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR IVR. • • ;k tyler rc�,K Copyright 2014 Tyler Technologies,Inc. All Rights Reserved 31 79 Exhibit E • ®® • ® TM • technologies Statement of Work Software and Implementation Services Prepared for. City of Moorpark, CA Prepared by: Tyler Technologies, Inc. www.tylertechnoloq ies.com April 21, 2015 80 Tyler Technologies Statement of Work Table of Contents PROJECT SCOPE&SUMMARY 3 DATA CONVERSION 5 INVOICING ANDCLIENTSIGNOFFS 5 KEY PROJECT ASSUMPTIONS 5 OUT OF SCOPE 6 RISK/MITIGATION STRATEGY - - - - - - - - - - 7 UNAVAILABILITY/INCOMPATIBILITY OF STAFF 7 CLIENT STAFF UNAVAILABILITY 7 SCOPE CHANGES 7 AcTwITY Focus 7 INCOMPLETE LEGACY,INTERFACE DOCUMENTATION 8 ACHIEVABLE GOALS 8 TECHNOLOGY AGE 8 CRTfICAL SUCCESS FACTORS 8 FUTURE AMENDMENTS TO SCOPE 9 PROJECT MANAGEMENT 9 STAFFING 9 PROJECT SCHEDULE 10 DEVELOPMENT TOOLS 10 DOCUMENTATION - - 10 • TYLER-PROVIDED DOCUMENTATION - - - 10 CLIENT-PROVIDED DOCUMENTATION 10 SOW ATTACHMENTS LISTING - - - - - - 11 SOW Attachment A-(Sample)Work Acknowledgement Form 11 SOW Attachment B-(Sample)Change Order Form 11 SOW Attachment C-Hardware/Software Requirements 11 SOW Attachment E-Conversion Detail 11 ATTACHMENTS 12 (ver.7/15/13) Page 2 81 Tyler Technologies Statement of Work PROJECT SCOPE & SUMMARY The software and services purchased are outlined in the Investment Summary Section of the Agreement. Any standard interfaces purchased are listed in the Investment Summary section of the Agreement and detailed in SOW Attachment D — Standard Interfaces. It is important for the Client to read the portion of the Attachment related to each interface purchased to understand its full functionality. Data conversion services and other professional services hours included in the Investment summary are estimates. Additional analysis will be performed during the Assess&Define stage to provide definitive pricing. (ver.7115/13) Page 3 82 Tyler Technologies Statement of Work r v 5 J 'A EL 6, =19 p -a .Thc' `g ji' m c a � d 0 V un a) as a EE y U) a) 4 ,m ta) L LL 1- a Q '- a) a) a) uoipnpoJd U 0 t'� tIn O AU+) npc m_ ix. GI C W -cs W L! 'C g �n G sg C .y� C —J a E- V 7 7 W t•i T ? C W Q G T t1 w m +� ? 4n O C i Ct Ij 24 v} C Q O c H 4.)0 u 5 H c m .' z c�CC. I- Va U a) (1) 'o ouilsal aaue4daa3y 2uluieal iasn pu3 Q C U a) VI C m w V Q —r^ t '� q m` 7 't,_, 0 0- as N -` V b b W on ((� � m y dl �_ W m'c ` E y N C C W.• O i v, a .. 0 °v v° ...- -a -I-1 (U lL a) a Bursal) uoReanEiUuoa Etuluieal cu a) c A U) E ` F o o +. Q1 = B s` c e 9 m �' a o yu E 0 0 _� e 73 li lei In . • asm c c ` Q a) aura❑ 2ssassbr A E = u)L., CO O ,.. 0 C sim U) r^1 ��..,r TU) 1�f_ W N u_ B lc il. YVY// O M E Q G p a 7' s. U) c m E V m m J ys O O N — m w v 52 t '`- Q V m c N2i a E, i a) O r 'S a c m u 'i' w a) ....... C " t Q t 0 m a '. 0 Sr: q q W 41 R 46 Q 0 VI l— Q MI uogewuJ � 2uiuueld (ver 7/15/13) _ Page 4 83 Tyler Technologies Statement of Work Each stage,as established above,is designed to provide a point at which a full review of the stage objectives is assessed for completeness. When a stage is complete,a Work-Acknowledgement Form(see SOW - Attachment A-(Sample)Work Acknowledgement Form)is completed and signed by the Client signifying acceptance of that stage and the beginning of the next stage. Each stage is dependent on the results of the previous stage and therefore,each stage of the methodology cannot begin until the previous stage is completed and approved. DATA CONVERSION The goal of the data conversion process is to transfer information from one or more legacy systems into the Tyler system in an accurate and verifiable manner. Verification of the data conversion consists of comparing the on screen data elements and management reports of each system. As such,very little is done in the conversion process to"fix"the data. Inconsistencies or corruption in the original data will carry over to the new system—these issues should be identified and resolved by the Client before final data conversion on the legacy system(s)or shortly after"going live"on the Tyler system. Attachment E—Conversion Detail of this document provides detailed information on Data Conversion if conversion is included in your Investment Summary. INVOICING AND CLIENT SIGNOFFS Tyler invoicing and payment terms are detailed in the Payment Terms section of the Agreement. In addition to responsibility for the payment of all invoicing outlined in the Agreement, Client is responsible for signing off on the hours consumed in accordance with project requirements. An approved Change Order is required if additional hours are needed or scope is changed. KEY PROJECT ASSUMPTIONS • Client and Tyler shall review their responsibilities before work begins to ensure that Services can • be satisfactorily completed. • Client will provide Tyler with access to its equipment,systems,and personnel to the extent needed to complete the defined Services. • Client will provide work space for Tyler Services for work completed on Client premises. • Tyler shall initially implement the most current version of the Tyler software at the time of the contract signing.During the implementation Tyler will provide newer releases of the software that meet or exceed the version available at contract signing.After Go-Live,the Client is responsible for installing newer releases. Release notes are provided for all new versions. • Client will maintain primary responsibility for the scheduling of Client employees and facilities in support of project activities. • Client shall provide Tyler with network access for remote installation and testing through industry standards such as Virtual Private Network(VPN)or other secure access methods. • Client will allow users to access the following websites to ensure adequate access to Support resources: • help.tyleru.com • tyleru.com • tylertech.com • tylercommunity.tylertech.com • Client will provide/purchase/acquire the appropriate hardware,software and infrastructure assets to support all purchased Tyler software products in both support/testing and production environments. • Client is responsible for proper site preparation, hardware,software and network configuration in accordance with Tyler specifications. • Client has,or will provide,access licenses and documentation of existing system to any3`° party system software which Tyler will be required to read,write or exchange data. • (ver.7/15/13) - Page 5 84 Tyler Technologies Statement of Work • Client has,or will provide,a development/testing environment for data conversion and interface testing as they are developed by Tyler. • Tyler shall be responsible for implementing a functioning version of the application software(assuming Client has installed the proper hardware,software,and networking devices). • Tyler will provide Client with status reports that outline the tasks completed.Tyler will also provide details regarding the upcoming tasks that need to be completed during the coming weeks,the resources needed(from Client)to complete the tasks,a current or updated version of the project plan, and a listing of any issues that may be placing the project at risk(e.g.,issues that may delay the project or jeopardize one or more of the production dates)as needed. OUT OF SCOPE • Tyler software is sold as COTS(commercial off the shelf)software. Any custom development such as; changes to source code,additional interface development, legacy or other imports are not within the scope of this agreement: Custom Programming-Tyler products will be implemented"off the shelf"without customization,except as purchased and then detailed in Attachment F-Customizations. Any additional customizations identified or requested will be quoted as requested. Unless otherwise agreed,these customizations will be designed,developed,implemented,and tested during the Final Implementation phase("post go live"). If there are no customizations in the Agreement, there will not be an Attachment F to this document. Custom Modifications-Custom modifications are changes to the functionality of existing Tyler software products. These changes may involve the addition of new fields to a screen,the enhancement or automation of a process,or the creation of a new module.Software modifications are not within the scope of this agreement except as detailed in Attachment F- Customizations. If there are no customizations to the software,there will be no Attachment F to this document. Tyler will make every effort to design custom modifications so that they can be leveraged by more than just one Client. This focus will affect the approach to designing,developing,and deploying new functionality so that we may benefit the largest population of users possible. Custom interfaces—Custom interfaces involve the development of a standard, repeatable process for transferring information into or out of the Tyler software. These interfaces may take the form of a user-initiated import/export program,an API,or a web service. There are no custom interfaces included in the scope of the agreement unless detailed in Attachment F- Customizations. Custom Reports—Custom Reports involve the development of new reports that are not offered as part of the standard reporting package and modifications to existing reports. There are no custom reports included in the scope of the agreement unless detailed in Attachment F- . Customizations. • Resource hours that extend scope. (Additional hours must be approved through a Change Order.) • Any undocumented requirements. Undocumented requirements include requirements not specified in this Statement of Work and associated attachments. • Post System Acknowledgement Configuration. System Acknowledgement requirements are met at the completion of End User Training and User Acceptance Testing stage. Any changes requested of the Tyler implementation team to alter the configuration,post acknowledgement of these milestones,must be documented through a Change Order and may incur additional costs. Client may have access to (ver.7/15/13) _ Page 6 85 Tyler Technologies Statement of Work built-in configuration tools,so,when available,is free to reconfigure or create new configuration as required or desired. If assistance using these tools is required,additional change orders may apply. RISK/ MITIGATION STRATEGY Unavailability/Incompatibility of Staff Risk: Tyler recognizes that individuals assigned to projects may become unavailable due to various causes. Further,Tyler recognizes that individuals sometimes clash for reasons of incompatibility. Tyler schedules team members based on all the projects to which those individuals are assigned. Unavailability may occur due to unforeseen circumstances such as family matters or the employee's departure from Tyler employment. Incompatibility creates intolerance in project objectives and tasks and creates unnecessary delays and can lead to project failure if not corrected. Mitigation: In the event a Tyler project member is determined to be unavailable,a Tyler manager will consult with Client on alternatives such as a temporary replacement or substitute of the person. Likewise a similar response is expected from the Client if their team member is unavailable. Incompatibility is addressed first through attempts to resolve the compatibility issues between individuals. Failing resolution,team members must be replaced. In the event a Tyler team member is determined to be incompatible,Tyler will replace with a new team member and provide time to orient to the project before assuming their respective responsibilities. Client Staff unavailability Risk: Delays in the project timeline will occur if appropriate Client staff is unavailable to meet with or respond to Tyler for timely decisions and or directions. • Mitigation:Client should ensure that staff assigned to this project is given sufficient priority and authority to work with Tyler while completing other Client responsibilities in a timely fashion. Decisions must be made in hours and days,not weeks. Scope Changes Risk: Poorly defined projects always take longer than expected or cost more than expected because of poorly defined scope at the beginning of the project. Mitigation:Both parties must ensure that the scope of the project is well stated and completely defined to the best of each party's knowledge. Functional requirements should be reviewed carefully to ensure completeness. Change Orders are required to document any subsequent impact on schedule and/or costs. Activity Focus Risk: Activity Focus is the risk that minor activities consume time that should otherwise be dedicated to major activities of the project,with the end result of time and/or costs overrunning budget.This risk is sometimes associated with efforts that lead to scope changes. Examples include meetings of little substance or that go longer than they need,or time consumed investigating undocumented functionality or other activities not in scope. Mitigation:Project Managers for both Parties must guard themselves to avoid focus drift by ensuring the focus is squarely on meeting deadlines,services,and configuration requirements of the implementation as planned and documented in the planning,assessment and definition stages. (ver.7115/13) Page 7 86 Tyler Technologies Statement of Work Incomplete Legacy, Interface Documentation Risk: During the project certain third party documentation will be required for such tasks as interface development and import of legacy data and others. Mitigation:Client should ensure that APIs,specific documentation,or file specifications for interfacing to other systems is available to Tyler and that legacy data imports are known in advance of need. Achievable Goals Risk: The expectations of this project are set too high or are not explicit or clear to Client Staff and thus not communicated to Tyler through Functional Requirements and clearly stated scope. Mitigation:The parties must ensure,through the Contract and Task Orders,that the goals of the project are explicit,well defined and attainable,and that both parties have"signed off'on the requirements. Technology Age Risk: This risk is highly dependent on the choice of Tyler products and whether the Client is hosting any of those products. If the Client will be hosting its own servers,the technology utilized should be robust to enough to meet the Client's needs for several years into the future.Technology that barely meets minimum requirements today will be insufficient as the system and its needs grow. Mitigation:Tyler will assist Client in determining optimal technology and plans to guard against pre- mature obsolescence. CRITICAL SUCCESS FACTORS In order to successfully execute the services described herein,there are several critical success factors for the project that must be closely monitored.These factors are critical in setting expectations between the Client and Tyler,identifying and monitoring project risks,and promoting strong project communication. • Knowledge Transfer-While Tyler cannot guarantee specific expertise for Client staff as a result of participating in the project,Tyler shall make reasonable efforts to transfer knowledge to the Client. It is critical that Client personnel participate in the analysis,configuration and deployment of the Tyler software in order to ensure success and to transfer knowledge across the organization.After completion of the production phase,the Client will be responsible for administering the configuration and introduction of new processes in the Tyler system. • Dedicated Client Participation—Tyler fully understands that Client staff members have daily responsibilities that shall compete with the amount of time that can be dedicated to the Tyler implementation project. However,it is critical that the Client understands and acknowledges that its staff must be actively involved throughout the entire duration of the project as defined in the Project Plan.Tyler shall communicate any insufficient participation of Client and Tyler resources,as well as the corresponding impact(s),through Project Status Reports. • Acknowledgement Process—Acknowledgment must be based on criteria. The objectives and tasks of each stage of-a project provide the basic criteria by which to judge acceptance of a stage is to be granted. Within each stage additional criteria will be developed by team members on which to judge future stages. For example, User Acceptance Testing will be based on criteria developed in earlier stages. As resources are consumed,Tyler shall provide the Client with a Work Acknowledgement Form (see Attachment A-(Sample) Work Acknowledgement Form) to formalize receipt. The Work In.7/15/13) - Page 8 87 Tyler Technologies Statement of Work Acknowledgment Form is subsequently signed by the appropriate Client stakeholder(s),and faxed or emailed to Tyler. Timely and honest acceptance is required to maintain project momentum. Failure to properly establish acceptance criteria or failure to accept a properly completed stage will cause delays in the project. In an effort to ensure quality and complete satisfaction with each stage of the project, Tyler's professional services division has established the following rule: A Signed Work Acknowledgement Form(see Attachment A)is required upon completion and Client-acknowledgement of the resources consumed on the project. Stage signoff is also required before proceeding to the next stage in the process. • Managing Project Scope-In an effort to implement the project on time and within budget,both Tyler and Client agree to limit the software and professional services to only those items identified in this Statement of Work.Expanded scope results in additional costs. Change orders or contract addendums for additional items outside the scope of the defined project requirements must be submitted in advance and signed by project stakeholders before work can be accomplished on those items. Likewise,reductions of the defined scope will also require a Change Order. FUTURE AMENDMENTS TO SCOPE Future changes in the project scope,beyond the capability of a Change Order,will assume the appropriate processes outlined in this Statement of Work and in the Agreement,unless future scope changes require a different or modified process. If no new Statement of Work is required,then new functionality and payment requirements are provided for in an amendment to the initial Agreement. PROJECT MANAGEMENT Tyler performs ongoing project management services throughout the implementation in order to plan and monitor execution of the project. Project Management includes the following tasks: • Project plan • Project document management • Issue log management and escalation • Status reporting • Change order management • Resource management • Executive project oversight via Executive Sponsor and Project Review Committee By mutual agreement some project management tasks are shared between the Tyler Project team and the Client Project Manager/Stakeholders. STAFFING Every reasonable effort is made to maintain a consistent project team from Tyler for the duration of the project. Should the Client have concerns related to assigned resources,those concerns should be submitted to the Tyler Project Manager or Tyler Management Staff for review and consideration. Tyler will make staffing decisions based on appropriate skill set and other soft skills of resources deemed compatible to the success of the project. (ver.7/15/13) Page 9 p 88 Tyler Technologies Statement of Work PROJECT SCHEDULE Upon execution of the contract,the parties will subsequently collaborate during the project planning and initiation stage to determine a start date for services to be rendered. Upon initiation of these services,Tyler shall work with Client to collaboratively define a baseline or preliminary project schedule/plan. Given the fact that project schedules are working documents that change over the course of the project,Tyler shall work closely with Client to update,monitor,agree,and communicate any required changes to the project schedule. Development Tools No special development tools are required for the Tyler software. Tyler source code is not accessible(unless through the requirements of an Escrow Agreement). The configuration tools are built into the software,and the Client has full access. The Tyler implementation staff will use these same configuration tools to set up the system with the Client. The Client will receive training on the use of these tools. Third party report writers(i.e.Crystal Reports)—Some clients may choose to use a third party report writer like Crystal Reports to create/modify their own reports. The Client is responsible for the procurement of a license of this third party report writer. Tyler does not provide training or assistance on the creation of such reports and recommends this function be reserved for System Administrator or designated staff who have the skills and necessary access,and who understand the application databases. Documentation Tyler-provided documentation Over the course of the 5stage implementation lifecycle,the Tyler project team will provide stage-specific documentation in a range of formats(both editable and non-editable).Examples include: • Data Collection docs(MS Excel and/or MS Word)for configuration • Training Documentation Templates(MS Word and MS PowerPoint) • Release Notes for Service Packs(PDF) • Other documentation as required for the specifics of the project. - Client-provided documentation A definitive list of Client-provided documentation is not possible until all aspects of the implementation are determined,usually in the beginning stages of the project. Certainly,Client's assistance in completing the Tyler-provided forms and requests for configuration information is essential to a successful project. The Tyler Project Manager will provide the Client with detail of the documentation necessary for each product to be successfully implemented. The list below is a sample of the types of documentation that is likely to be requested. Documentation originated by the Client includes: • Application Programming Interface documents(API's)for any third-party software system to which the Tyler software will interface and exchange data. • Legacy system data documentation and data in a format suitable for conversion into the Tyler System(please see section titled Data Conversion). • Workflow documentation on the Client's current business processes • Copies of pertinent ordinances or other controlling authorities (ver.7/15/13) Page 10 89 Tyler Technologies Statement of Work • Fee Schedules • Copies of existing forms and other documents presented to the public and expected to be derived from the Tyler Software. SOW ATTACHMENTS LISTING • SOW Attachment A-(Sample)Work Acknowledgement Form This form provides the means for the Client to accept work provided or provide reason for denial of a work. SOW Attachment B-(Sample)Change Order Form Any change in the project must have a completed and approved Change Order. SOW Attachment C-Hardware/Software Requirements This document provides the recommended hardware/software requirements for the Tyler system. Performance using systems which do not meet these requirements may not have expected performance levels. SOW Attachment E-Conversion Detail Provides a description of the conversion process and legacy data specifications for each application suite. • (ver.7/15/13) Page • 11 90 Tyler Technologies Statement of Work ATTACHMENTS Attachment A -Work Acknowledgment Work Acknowledgment Client: Date: Visit/Deliverable: Accomplishments Performed By, Notes _ P � Y fi r^ v h t e v..7.S -��}".ti it --i2ajZ. -'tom d:v„I e t� ?F✓ , t I si ZA �r'.�i`y C, '`-�„ a '' 4 _CHS ., = °`� :n �: I •" _ �i*mr f fr .,S�:nw1 «-.sa.,& .-�.. sM1a.`�� t, .._ a xrA !<•.7�. .w.. Y ❑ I am satisfied with the work performed for this stage,and/or deliverable. ❑ I am NOT satisfied with the work performed for this stage, and/or deliverable. In an effort to ensure quality and complete satisfaction with each phase of the project Tyler Technologies'Professional Services division has established the following rules: 1. Projects will not be allowed to move from one phase to another without a sign off indicating satisfaction with the work performed. The Tyler Technologies'project team will immediately stop all other tasks,complete the phase at hand,and obtain sign off before moving to the next phase. 2. Customer understands that any payment not received within 30 days of invoice will result in work stoppage. All related project tasks will be stopped until payment is received. Print Name: Signature: Date: (Please return signed copy to the Tyler Technologies project team) (ver.1/15/13) Page 12 91 Tyler Technologies Statement of Work Attachment B- Change Order Form Change Order Form Client: Date: Generated By: Authorized By: Change Overview: Narrative Description of Change: Impact of Change: Schedule Delay of milestone&sub-tasks on Tyler Technologies Implementation Impact: Project Plan induding: Task Proposed Date Changes Cost Impact: Change Detail Credit Debit Total Revision No.:. No changes may be made to this project without the agreement of the Project Menageries), and must be approved by the Project Director. Submit endorsed Change Order to the Tyler Technologies' Project Manager Date Comments Approved Approved By Signature (vv.1/15/131 Page 13 92 Statement of Work:Attachment C- Hardware/Software • 0cC Requirements tyler s i technologies Empowering people who sen the public' Incode V . X Solution SYSTEM REQUIREMENTS Tyler's software is designed to operate on networks and operating systems that meet certain requirements.Systems that do not meet the required specifications may not provide reliable or adequate performance,and Tyler cannot guarantee acceptable results. SITE ASSESSMENT Your site's system requirements are contingent upon several factors.Tyler uses a point system to help determine which specifications and configurations work best for your site.This document will help Tyler determine which setup is best for you. • For each of the following applications that your site will use,indicate your site's quantity for each application variable.Each quantity has a pre-determined Point Value in parentheses,which is used to tabulate your"Total Point Value" below. CIS Is of accounts NA(0) 1-5,000 accounts(4) 5,001-25,000(6) 25,001+(10) Court #of violations per year NA(0) 1-10,000 violations(3) 10,001-60,000(6) 60,001-150,000(11) 150,001+(31) Financials AP #of vendors NA(0) 1-1,000 vendors(1) 1,001-3,000(2) 3,001+(3) FA #of assets NA(0) 1-200 assets(1) 201-1,000(2) 1,001+(3) GL #of funds NA(0) 1-25 funds(1) 26-100(2) 101+(3) Printed by kip.wingct on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Pagel o/16 93 PY #of employees NA(0) 1-100 employees(1) 101-250(2) 251+(3) Tax #of parcels NA(0) 1-20,000 parcels(3) 20,001-40,000(6) 40,001+(10) TCM #of documents processed per year NA(0) 1-12,000 documents(1) 12,001-50,000(2) 50,001+(5) Total Point Value SERVER SPECIFICATIONS For the following table,use your Total Point Value from above to determine which specifications are required for your site's business needs. • The single server configuration is denoted as"Single". • Dual server configurations are broken into Application Server(AS)and Database Server(DB)requirements. Component Requirement Specifications TOTAL POINT VALUE 1-5 6-10 11-30 31+ Single AS DB AS DB Tyler GB RAM 16 S 16 16 32 Cfor custom c for specifications. 500 500 1 500 3 Bus 2 GB GB TB ' GB TB 1 If running in a virtual environment,four virtual cores are needed. 2 Tyler's standard maintenance plan includes an automatic backup of your database in this disk space. 3 If using TCM,these storage requirements may increase.See page 5 for details. ESS Users:If you need external access to ESS,a dedicated server is recommended.This additional server requires the same specifications indicated in the Application Server (AS)column based on your Total Point Value. Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 2 0116 9 4 REQUIREMENTS Configuration Diagram v ° -,-_- a Y° Ol Y twe 0 N O 3 TO d C l n on A . n * .g.o _ 7. 1i; m ..', E - m u m O e a Ai O v Q -- .1 .c O no V Y O 2 W Z — 1Y I. , N N x LT'^ E � v w 1- • 4L : O 0 I Ito,,, o V16 i aytt�jyf C GI O C' laa.V * wI ta N It Y Oa O `� 3 Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 3 of 16 9 5 Server Configuration Component Requirement MS Windows Certified Server` Gigabit Ethernet MS SQL Server 2008(x64)Standard or Enterprises Internet Information Services(IIS)7 For OS SAS RAI D1 4 Nationally recognized brand s If running a dual server configuration,this is only needed on the database server. Workstation Component Requirement Microsoft Windows Certified PC6 Pentium Core 2 Duo 4GBRAM 10 GB available Windows XP Professional or Windows 7 Professional' 100/1000 mbps Ethernet Workstation is a member of the Domains 128 Dedicated Graphics—Running 1280x10249 6 Nationally recognized brand 'Windows 95/98/ME,XP Home,and Vista Home editions and workgroup or peer-to- peer networks are not supported. 8Tyler's V.X servers and workstations must authenticate with and be members of a Microsoft Active Directory network. Workgroup and peer-to-peer networks are not supported. 9The V.X application windows are not fully visible at resolutions lower than 1280x1024. Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 4 of 16 9 6 Remote Workstation Tyler requires a remote access solution such as Citrix or Windows Terminal Services for any workstations accessing the server with a direct connection of less than 100 mbps full-duplex. For best results,remote workstations should run Citrix or Terminal Services over a permanent VPN tunnel. Peripherals Cashiering Equipment Equipment Model Epson 6000 or Epson 950 Media Plus Automated Cash Drawer Symbol L52208 Magtek Mini Swipe Reader Workstations designated as Cashiering stations require parallel ports for Epson TM- U950P Receipt Validation Printers. Epson TM-H6000111 Thermal Receipt Printers require USB ports and can be configured for Ethernet with optional adapters.An approved ETS- encrypted mag stripe reader is required for card reading. Court Equipment Equipment Model Topaz Signature Pad T-L462 Logitech C310HD WebCam Printer Compatibility Many V.X users print forms and reports directly from the application to their printers. We recommend using laser printers because they offer universal compatibility for all applications. Printer Type Reports Forms Additional Criteria 0 0 PCL 5 or above 10Dot matrix printers are not supported. HP Printers are highly recommended. Scanner Compatibility If you are using TCM,TWAIN compatible scanners are required.You can use any TWAIN compatible scanner;however,if it's not listed in the chart below,you may have reduced functionality. Scanner Brand Scanner Model • DR-5010C • DR-X10C • DR-2510C • DR-7550C • DR-4010C • DR-6050C • DR-3010C • DR-9050C • DR-M160 9 7 Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page S of 16 • fi-6110 • fi-6130Z • fi-6670 • fi-6140Z • fi-6770 • fi-6230Z • fi-6240Z • CS500 Pro" • ScanJet 825011 • ScanJet 835011 • ScanJet 839011 • KV-S2045C11 • Documate 1521 Not fully supported—These scanners have not been tested in our lab.They are in use by one or more customers and may have issues that have not been reported. TCM STORAGE REQUIREMENT TCM requires disk space beyond the basic Specifications listed on page 2.The additional storage requirement is calculated using several factors:the number of pages processed a year,the types of images processed,your site's expected growth rate,and a buffer, which protects you from unforeseen changes to these factors. Image storage requirements must be calculated on a client-by-client basis and the amount of storage required is determined in pre-sales technical discussions.Since TCM can vary widely,it is good practice to discuss your specific storage needs with Tyler. To help you calculate your site's storage needs,the following Lossless Compression table illustrates the file size associated each of the 10 different Image Types. Lossless Compression Image Type File Size DIMENSIONS/FILE TYPE COLOR DPI Grayscale 200 100 MB 300 6 MB 600 24 MB B&W (Page) 1.3 MB This PDF estimate is based upon the average-size document generated directly from a Tyler application.It does not include embedded fonts and is simply a representative sample. Estimating Storage Requirements To estimate your storage needs,use your site's records and the previous table. For each Image Type shown above that your site will store,identify the following values: A. Number of pages processed a yearl3 B. Respective file size for the Image Type(MB) 9 8 Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 6 of 16 C. Number of Years of Storage D. Growth Rate(%as decimal value) E. Conversions Only: Existing Database Size(MB) F. AxBxC G. DxF H. E+F+G Base Number 13 If your site only tracks the number of documents per year,multiply that number by 5 to get your page-based number for calculating Tyler's storage requirements. The standard document size for most Tyler applications is 5 pages. Standard Recommendation • To replicate data,multiply your Base Number x 2: MB Backup Recommendation • To dump the database to disk,multiply your Base Number x 3: MB RECOMMENDED BACKUP PROCEDURES Developing a consistent backup strategy is a vital part of any organization's business continuity plan.A good backup plan ensures that you do not lose the hard work and time you invested in data entry if a hardware failure or natural disaster occurs.A plan such as this is easy to develop and usually easy to implement.This section outlines the steps you should take to properly back up your V.X data. Rotating Tapes First,establish a good tape rotation for your backups.Tyler recommends that you use, at a minimum,the following 6-tape rotation: Week 1. Th F1 Week`2: M T W Th F2 This rotation is sufficient for most customers because it allows you to go back a few business days to find files.However,if you feel you need a little more protection,you can use a different set of tapes for Mon-Thurs of Week 2,and/or you can keep a Fri 3 and Fri 4 tape so that you have a month's worth of Friday backups.We also recommend that you periodically(monthly,quarterly,etc.)pull a tape permanently out of rotation to store off site. We do NOT recommend the use of differential or incremental backups. Performing a full backup of the entire V.X folder every night will allow you to restore files without having to use a series of tapes to perform the restore.This turns a restore process into a much more manageable and less time-consuming process. Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 7 of 16 99 Backing Up Your SQL Database For customers who use Microsoft SQL for the V.X database,there are additional backup requirements for your V.X software.In addition to backing up the\DATA folder(and others mentioned above),you must also back up your Microsoft SQL databases.For V.X, the default databases should consist of at least Tyler_Configuration,Tyler_QBE,and Tyler_Financials. There are a few different methods for backing up your SQL database. • SQL Backup Function:The Microsoft SQL Server 2008 R2 Management Studio has built-in backup tools that can cause SQL to dump the V.X database to a backup file in the SQL default backup folder while the SQL services are running.This location is: C:\Program Files\Microsoft SQL Server\MSSQL\Backup\* •The Microsoft SQL Server installation path may vary • Third-Party Backup Agent:This method requires that you have some sort of third- slightly per installation. party backup program (e.g.,Symantec Backup Exec,Brightstor ARC Serve,etc.)which uses a SQL backup agent.These special backup agents allow the Microsoft SQL databases to be backed up while they are online. • Script:You can create a script which stops the Microsoft SQL Server service before a normal tape backup and restarts it after the tape backup is complete.This allows you to back up the•.mdf and•.ldf files(the database and transaction log, respectively)in: C:\Program Files\Microsoft SQL Server\MSSQL\data directory* If you choose this route,Tyler can assist you with creating this script at the time of the V.X software installation. Other Directories in the V.X Folder For V.X,you need to backup C:\Program Files\Tyler Technologies*. As we add features and functionality to our software,the number and size of the applications and runtimes needed to run our applications will continue to grow. • Watching for Signs of Failure Monitor your backup's status every morning.If there is a noticeable problem,such as an error light blinking on your tape drive,a tape being ejected without your knowledge,or an error message displaying about your backup,please contact us or your IT staff so that the problem can be resolved quickly. Accepting Responsibility Having good backups of V.X data is your responsibility.However,Tyler Technologies offers additional services that can help monitor your local backups,transmit your data to off-site locations,and even provide access to your V.X software and data over the Internet in case of disaster or serious equipment failure at your site. Disaster Recovery In case of system failure due to unforeseen disaster,Tyler recommends that you have a Business Continuity Plan,which should include a disaster recovery service.Tyler offers a Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 8 of 16 10 0 disaster recovery service for an additional fee.If you haven't already purchased this plan,contact Technical Services or Sales at 1-800-646-2633 for more information. Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 9 of 16 101 '4 tyler ® technologies Empowering people�s nubile ENERGOV SYSTEM REQUIREMENTS Tyler Technologies' Energov is designed to operate on networks and operating systems that meet certain requirements. Systems that do not meet the required specifications may not provide reliable or adequate performance, and Tyler cannot guarantee acceptable results. SITE ASSESSMENT Your site's system requirements are contingent upon several factors. Tyler uses a point system to help determine which specifications and configurations work best for your site. This document will help Tyler determine which setup is best for you. For each of the following applications that your site will use, indicate your site's quantity for each application variable. Each quantity has a pre- determined Point Value in parentheses, which is used to tabulate your "Total Point Value" below. Energov # Core Users NA (0) 1 - 25 Concurrent Core Users (4) 25 - 50 Concurrent Core Users (7) 50 - 100 Concurrent Core Users (11) 100 + Concurrent Core Users (16) Citizen Citizen Portal Option NA (0) Portal Citizen Web Portal (2) Total Point Value Printed byki win et on 04/21/2015 at 11:14 AM AttachmentC Hardware So102 P g /Software Requirements-Page 10 of16 SERVER SPECIFICATIONS For the following table, use your Total Point Value from the previous Site Assessment to determine which specifications are required for your site's business needs. • The single server configuration is denoted as "Single". • Multi-server configurations are broken into Application Server (AS) , Database Server (DB) , and Web Server (Web) requirements. Comp;:::- Requireme Specifications nt nt PC= 1-6 7-10 11-15 15+ Sing AS DB Web A5 DB Web le Contact Tyler for GB RAM 16 16 32 16 32 32 32 custom specificati ons. Bus 2-SAS 500 N/A 500 N/A N/A 750 NSA GB GB GB •One processor required;••Two processors required. 1 If running in a virtual environment,four virtual cores are needed. 2 Tyler's standard maintenance plan includes an automatic backup of your database in this disk space. 3 Entities that plan on having over 100 concurrent users should consider clustering of SQL servers. If using scanned documents,additional disk space is required. Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 11 of 16 1 0 3 REQUIREMENTS CONFIGURATION DIAGRAM Citizen Web 20"• Portal ' A34,21,1F7 1141LAit Remote APP/IIs and SQL Database Computer File Servers Server Workstation Workstation 411 1110 SERVER SPECIFICATIONS Cor: orient Requirement MS Windows Certified Servers Gigabit Ethernet MS Office 2007 or 2010 and IIS MS SQL Server 2008 R2 Clustered' Domain w/ Active Directory Services9 For SQL, Transaction Logs, DB SAS RAID5 or files, and program files SAS RAID10 Nationally recognized brand. 6 If>32 GB of RAM,then Windows Server 2008 Enterprise. 'For larger clients,MS SQL Server 2008 R2 Standard or Enterprise may be required. Printed byki .win eton 04/21/2015 at 11:14 AM AttachmentC-Hardware So 1 Q 4 P 9 /Software Requirements Page 12 of 16 ENERGOV WEB SERVER The Energov Web Server will host all the externally accessible EnerGov systems such as Citizen Access Portal (CAP) Energov IVR, eReview Portal and MobileGov Web Services. In instances where the client has users who need full access to the EnerGov .NET system, another instance of it will be hosted and accessible on this box. WORKSTATION Component Requirement Microsoft Windows Certified PCS Pentium Core 2 Duo 4 GB RAM 10 GB available disk space Windows XP Professional or Windows 7 Professional' Gigabit Ethernet Workstation is a member of the Domain8 6 Nationally recognized brand ' Windows 95/98/ME, XP Home, and Vista Home editions and workgroup or peer-to-peer networks are not supported. B Tyler's servers and workstations must authenticate with and be members of a Microsoft Active Directory network. Workgroup and peer-to-peer networks are not supported. BROWSER COMPATIBILITY • 1E 7+12 • Chromel2 • Firefox12 • Safari 12 These browsers are tested regularly for compatibility;the others are not tested regularly but are supported. Tyler recommends the Silverlight Plug-in. 1 0 5 Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 13 of 16 GIS REQUIREMENTS GIS/ ArcSDE Database Server This box houses the GIS database in an RDBMS environment(Oracle or SQL Server)and ESRI's ArcSDE software. EnerGov tightly integrates and establishes a"Live-Link"with SDE(Esri geodatabase)which ensures real-time spatial integration. ArcGIS Server (ArcSDE) 10/10. 1 Please communicate with your regional Esri representative to ensure your hardware and software is up to date. MOBILE APPLICATIONS EnerGov's MobileGov Solution is capable of running on Tablet PCs,Laptops or Windows Mobile Smartphone. It is highly recommended that these devices be suitable for"field use"(i.e.ruggedized). If Wi-Fi or reliable AirCard signal is readily available,users are also capable of running the full EnerGov.NET application in the field(Laptops and Tablet PCs only).Additionally,field printing systems are recommended for on-the-spot printing of NOVs,failed inspection notices and other relevant documents in the field.It is best suited that these field units communicate via Bluetooth for simple wireless functionality in the field. Device Type Recommended ■ Panasonic Toughbook 30 • AirCard or Gobi Mobiel Broadband (or readily available Wi-Fi • HP Officejet H470 Mobile Printer ■ Panasonic Toughbook H1 Field • Gobi Mobile Broadband (or readily available Wi-Fi) • Zebra Technologies RW420 Mobile Printer • iPad2 or higher • 3G or wifi capability • Windows Mobile 7 OS (preferred) • Zebra Technologies RW420 Mobile Printer Scanner Corn• •tibili S-ann= Scanner Model— Eland • DR-M140 • DR-M160 • Fi-6140Z • Fi-6240Z • Fi-6230Z • Fi-6130Z m TWAIN compatible scanners are supported. 1 Q 6 Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 14 of 16 RECOMMENDED BACKUP PROCEDURES Developing a consistent backup strategy is a vital part of any organization's business continuity plan.A good backup plan ensures that you do not lose the hard work and time you invested in data entry if a hardware failure or natural disaster occurs.A plan such as this is easy to develop and usually easy to implement.This section outlines the steps you should take to properly back up your data. Assessing Your Backup Needs Backups occur differently,depending on the size of the database being used. The differences directly impact how quickly you can resolve problems and how much effort you must expend. Tyler recommends that you implement a backup plan based on the point values determined in your initial Site Assessment. Rotating Tapes First,establish a good tape rotation for your backups.Tyler recommends that you use,at a minimum,the following 6-tape rotation: Week 1 M T W Th F1 Week M T W Th F2 This rotation is sufficient for most customers because you can go back a few business days to find files. However, if you feel you need a little more protection,you can use a different set of tapes for Mon-Thurs of Week 2,and/or you can keep a Fri 3 and Fri 4 tape so that you have a month's worth of Friday backups.We also recommend that you periodically(monthly,quarterly,etc.)pull a tape permanently out of rotation to store off site Backing Up Your SQL Database For Energov,the default databases should consist of at least FY databases,Base,Sec and State database. There are a few different methods for backing up your SQL database. • SQL Backup Function:The Microsoft SQL Server 2008 R2 Management Studio has built-in backup tools that can cause SQL to dump the Energov database to a backup file in the SQL default backup folder while the SQL services are running.This location is: C: \Program Files\Microsoft SQL Server\MSSQL1Backup\ • Third-Party Backup Agent: This method requires that you have some sort of third-party backup program (e.g., Symantec Backup Exec, Brightstor ARC Serve, etc. ) which uses a SQL backup agent. These special backup agents allow the Microsoft SQL databases to be backed up while they are online. • The Microsoft SQL Server installation path may vary slightly per installation. 1 0 7 Printed by kip.winget on 04/21/2015 at 11:14 AM Attachment C-Hardware/Software Requirements-Page 15 of 16 Other Directories in Energov Even though program files and run times can be replaced by Tyler,Tyler strongly recommends that you back up the entire C:\Inetpub\folder be backed up on the web server. Watching for Signs of Failure Monitor your backup status every morning.If there is a noticeable problem,such as an error light blinking on your tape drive,a tape being ejected without your knowledge,or an error message displaying about your backup, please contact us or your IT staff so that the problem can be resolved quickly. Accepting Responsibility Having good backups of Energov data is your responsibility. However,Tyler Technologies offers additional services that can help monitor your local backups,transmit your data to off-site locations,and even provide access to your Energov software and data over the Internet in case of disaster or serious equipment failure at your site. Disaster Recovery In case of system failure due to unforeseen disaster,Tyler recommends that you have a Business Continuity Plan, which should include a disaster recovery service.Tyler offers a disaster recovery service for an additional fee.If you haven't already purchased this plan,contact Technical Services or Sales at 1-888-654-3293 for more information. Printed byki .win et on 04212015 at 11:14 AM Attachment C-Hardware So 108 P 9 / / /Software Requirements-Page 16 0/'16 . elegy® technologies Statement of Work: Attachment E - Conversion Detail Empowering peepkwho senre the puha' Financial Conversion Summary This document is a summary of what is included in the standard conversion for Tyler Technologies Financial Suite.This is not a complete description;for a complete description, please refer to the Tyler Technologies Financial Data Conversion Specification document available upon request. Client Responsibilities • Data in Tyler's Standard Data Layouts or approved formats • Provide data definitions • Provide matching reports • Provide screen shots • Review conversion prior to go-live Data Conversion Each area of the financial conversion has different options depending on the level of data to be converted. Each option has a different cost associated with it. Certain options cannot be converted unless other options are purchased. Full dependencies are detailed in the Financial Data Conversion Specification document. General Ledger Standard Conversion Includes: • Fund and account lists • Summarized history for current fiscal year plus two prior fiscal years • Budgets and budget adjustments for current fiscal year plus two prior fiscal years Additional Options: • Additional summarized history and budgets(fee per fiscal year) • Transaction history stored in Historical Legacy Views • Transaction history(fee per fiscal year) Accounts Payable Standard Conversion Includes: • Vendor master information,address, primary contact • 1099 balances provided by client for current year Additional Options: • Vendor notes and additional contacts • Detailed history stored in Historical Legacy Views • Detailed vendor invoice history,payable items and distribution(fee per fiscal year) • Additional vendor sets (fee per set) 1 O 9 Printed by kip,winget on 04/21/2015 at 11:20 AM Attachment E-Conversion Detail-Page 1 of 6 Personnel Management (Payroll and Human Resources) Standard Conversion Includes: • Basic employee information —employee master,address, primary contact,standard dates(i.e., hire, birth, leave, termination),standard phones (i.e.,work, home,cell), direct deposit,position, retirement, deductions and taxes • Current year leave balances • Current year detailed employee pay history such as paycheck,earnings,earning distribution,deductions and taxes OR current year quarterly summarized history Additional Options: • Dependent details,additional contacts, notes,additional dates(e.g.,anniversaries,seniority),additional phones (e.g.,spouse,fax) • Direct deposit detailed history • Additional payroll set(fee per set) • Additional detailed employee pay history stored in Historical Legacy Views • Additional years of employee pay history(fee per year) • Human Resources data such as certifications,discipline,education,grievances, reviews, photos,training, and workers compensation (custom quote) Fixed Assets Standard Conversion Includes: • Asset information,improvements • Accumulated totals, no history Project Accounting Standard Conversion Includes: • Open Projects, project accounts and project notes • Open project account budgets • Open project account detail Inventory Standard Conversion Includes: • Inventory items, item locations and item vendors Applications not converted • Work Orders • Bank Reconciliation • Employee Self Services/Time&Attendance • Purchase Order Custom Conversion Services The following are a few examples of items that are not included in the standard conversion and can be addressed through custom conversion services: • Combining/splitting of GL account numbers • Converting records with counts lower than 50 for Personnel Management, 100 for Fixed Assets and 250 for all other modules • Cross referencing beyond Tyler Technologies'defined standardized codes • Running more than 3 standard conversions • Data cleaning;including but not limited to name clean-up and data fixes • Converting from multiple sources of data 1 1 0 Printed by kip.winget on 04/21/2015 at 11:20 AM Attachment E-Conversion Detail-Page 2 of 6 • Tyler Technologies assisting in data extraction from your existing system • Tyler Technologies defining file layouts if not provided • Changing configuration after sign-off Data Extract The standard conversion includes converting from a single source of data. If data is stored in multiple databases or data is provided in multiple formats custom conversion services may be required. If unable to provide the data in Tyler's Standard Data Layouts your data will need to be provided in one of the following formats: • Microsoft SQL Server database • Microsoft Access database • Delimited ASCII text files (pipe"1"delimited is preferred) • Excel spreadsheets—with flat data, not grouped like a report The screen shots and matching reports need to be provided to Tyler Technologies at the same time as the data. To ensure the reports accurately represent the data,staff should exit the software prior to pulling the data and restrict processing of any transactions until after the reports have been generated. If the reports don't accurately represent the data an additional data pull may be required, which could result in a delay in the schedule. It is important to understand that the conversion will not"rehabilitate"old data. The conversion process does not clean up or correct problems in old data;data is converted one for one. For example,if the current system allowed punctuation,the new software will also display data with the exact same punctuation after the conversion. If data manipulation is desired, please contact your Project Manager to assist in preparing a work order for these services. 111 Printed by kip.winget on 04/21/2015 at 11:20 AM Attachment E-Conversion Detail-Page 3 of 6 • tyler • tech ENDOWS=people who senadiepublte CRM Conversion Summary This document is a summary of what is included in the standard conversion for Tyler Technologies CRM Suite.This is not a complete description;for a complete description,please refer to the Tyler Technologies CRM Data Conversion Specification document available upon request. Client Responsibilities • Data in Tyler's Standard Data Layouts or approved formats • Provide data definitions • Provide matching reports • Provide screen shots • Review conversion prior to go-live Data Conversion Each area of the CRM conversion has different options depending on the level of data to be converted. Each option has a different cost associated with it. Certain options cannot be converted unless other options are purchased. Full dependencies are detailed in the CRM Data Conversion Specification document. Accounts Receivable Standard Conversion Includes: • Accounts Receivable master information,contacts and addresses • Summarized current account balance into one invoice transaction • Comments and notes Additional Options: • Detailed transaction history Building Permits Standard Conversion Includes: • Permit master information,contacts and properties • Comments and notes Additional Options: • Contractors(converted into memos) • Inspections(converted into memos) • Detailed transaction history 1 1 2 Printed by kip.winget on 04/21/2015 at 11:20 AM Attachment E-Conversion Detail-Page 4 of 6 Business Licenses Standard Conversion Includes: • License master information, contacts and properties • Comments and notes • Current year fee codes with zero balances Additional Options: • Detailed transaction history Cemetery Standard Conversion Includes: • Cemetery/Plot master information,contacts • Comments and notes Sales Tax Standard Conversion Includes: • Sales Tax master information,contacts and properties • Comments and notes • One default tax return record for each account Applications not converted • Special Assessments • Call Centers Custom Conversion Services The following are a few examples of items that are not included in the standard conversion and can be addressed through custom conversion services: • Converting records with counts lower than 250 for all modules • Cross referencing beyond Tyler Technologies'defined standardized codes • Running more than 3 standard conversions • Data cleaning;including but not limited to name clean-up and data fixes • Converting from multiple sources of data • Tyler Technologies assisting in data extraction from your existing system • Tyler Technologies defining file layouts if not provided • Changing configuration after sign-off Data Extract The standard conversion includes converting from a single source of data. If data is stored in multiple databases or data is provided in multiple formats custom conversion services may be required. If unable to provide the data in Tyler's Standard Data Layouts your data will need to be provided in one of the following formats: • Microsoft SQL Server database • Microsoft Access database • • Delimited ASCII text files(pipe"I"delimited is preferred) • Excel spreadsheets—with flat data,not grouped like a report The screen shots and matching reports need to be provided to Tyler Technologies at the same time as the data. To ensure the reports accurately represent the data,staff should exit the software prior to pulling the data and restrict 113 Printed by kip.winget on 04/21/2015 at 11:20 AM Attachment E-Conversion Detail-Page 5 of 6 processing of any transactions until after the reports have been generated. If the reports don't accurately represent the data an additional data pull may be required,which could result in a delay in the schedule. It is important to understand that the conversion will not"rehabilitate"old data. The conversion process does not clean up or correct problems in old data;data is converted one for one. For example,if the current system allowed punctuation,the new software will also display data with the exact same punctuation after the conversion. If data manipulation is desired, please contact your Project Manager to assist in preparing a work order for these services. 114 Printed by kip.winget on 04/21/2015 at 11:20 AM Attachment E-Conversion Detail-Page 6 of 6