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Home My WebLink AboutCC Agenda Packet 05162023MAY 169 2023 City of Port Angeles Council Meeting Agenda This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Council members, and City staff have the option to attend the meeting in person, in Council chambers at City Hall located at 321 East 51h Street, Port Angles, or remotely via telephone or video link. The Mayor may determine the order of business for a particular City Council meeting. The agenda should be arranged to best serve the needs and/or convenience of the Council and the public. The Mayor will determine time of break. Hearing devices are available for those needing assistance. The items of business for regular Council meetings may include the following: A. Call to Order — Regular Meeting at 6:00 p.m. B. Roll Call, Pledge of Allegiance Ceremonial Matters, Proclamations & Employee Recognitions 1. Officer Luke Brown and Officer Kyle Buchanan Meritorious Service Awards C. Public Comment The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly and timely manner. Visit hLtps://www.cityofl2a.us/Live-Virtual-Meetinas to learn how to participate during public comment and or watch the meeting live. Written public comments can be submitted to: council@citofpa.us, comments will not be read aloud. To provide pre-recorded messages to the City Council by phone, please call 360-417-4504. Messages received will be made a part of the final record. Comments should be received by 2:00 p.m. Tuesday, May 16, 2023. For audio only please call: 1-844-992-4726 Webinar number: 2552 864 9956 Once connected, press *3 to raise your virtual hand if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code is good for the May 16, 2023 meeting only. If you are joining in through the Webex link: https:Hcityfpa.webex.com/cityfpa/i .php?MTID=m94195 fb9fe75096b l 8c218cb8f292a2O and wish to make a comment or public testimony, please use the "raise your hand" feature in Webex. You will be notified when it is your turn to speak. Members of the public may address the City Council at the beginning and end of any Regular Meeting under "Public Comment." During the "Public Comment" portion of the meeting, individuals may speak to agenda items, except those scheduled for a Public Hearing. The City Council desires to allow the opportunity for Public Comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the presiding officer, in the presiding officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption of other necessary business. At its most restrictive, Public Comment shall be limited to a total of 15 minutes for the first Public Comment period and shall be concluded not later than 9:45 for the second Public Comment period. Individuals may speak for three (3) minutes or less, depending on the number of people wishing to speak. If more than 20 people are signed up to speak each speaker may be allocated two (2) minutes. Individuals who are residents of the City or own businesses within the City will be called to speak first, with preference given to those who wish to speak to an item on the meeting's agenda. If time remains, the presiding officer will call other individuals wishing to speak, generally in the order in which they have signed in. If time is available, the presiding officer may call for additional unsigned speakers. Persons speaking shall state their name, whether they reside within the City limits, whether they have any other pertinent connection to the City, and whether they are appearing as the representative of an organization. Excerpts: Council Rules of Procedure Section 12 May 16, 2023 Port Angeles City Council Meeting Page 1 D. Late Items To be placed on this or future agendas, including any executive session needed during or at the end of the meeting. E. Consent Agenda I Approve 1. City Council Minutes of April 18, April 25, and May 2, 2023 / Approve....................................................................... E-1 2. Expenditure Report: From April 22, 2023 to May 5, 2023 in the amount of $3,626,316.25 /Approve ...........................E-9 3. Update and Renewal of Forestland Response Agreement with Department of Natural Resources /Approve agreement with the Department of Natural Resources for the provision of wildland firefighting services and authorize the Fire Chief to sign the agreement and also to sign an agreement for calendar year 2024 that is substantially similar to the attached agreement. ......................................................................................................................................................................................... E-25 4. Authorize a Settlement Agreement on MEC-2021-29 — Transformer Purchase / Authorize the City Manager to approve the settlement agreement with WEG for the additional amount of $7,565.84, plus sales tax, and to sign all documents necessary to execute and administer the attached settlement agreement......................................................................................... E-39 5. City of Port Angeles and Port of Port Angeles Interlocal Agreement / Approve the interlocal agreement between the City of Port Angeles and the Port of Port Angeles for the issuance of limited authority commissions for the purpose of parking infraction enforcement by designated Port personnel on Port property and authorize the City Manager and Police Chief to sign and implement the agreement and make minor modifications, as necessary........................................................... E-46 F. Public Hearings 1 6:30 p.m. or Soon Thereafter..................................................................................None G. Ordinances Not Requiring Council Public Hearings 1. City Council Compensation / Conduct 2"d Reading of Ordinance / Take Final Action ................................................... G-1 H. Resolutions Not Requiring Council Public Hearings.......................................................................................None I. Other Considerations............................................................................................................................None J. Contracts & Purchasing 1. Equipment Purchase — Replacement of Fire Department Vehicle #3 / Authorize, Sign and Surplus .............................. J-1 2. Replacement of the City's Enterprise Resource Planning System (IT0716) / Authorize and Sign .................................. J-3 3. Amendment to the Agreement with SoftResources, LLC for Enterprise Resource Planning System Professional Services / Authorize.......................................................................................................................................................................... J-121 4. Decant Facility Design — Amendment 4 (PSA-2020-13) /Approve, Extend, Authorize.................................................J-131 5. Pad Mount Switch Gear Cabinet / Award and Authorize................................................................................................ J-149 K. Council Reports L. Information City Manager Reports: 1. Update on the Downtown Resource Officer Position and Community Contributors......................................................L-1 2. Joint Meeting with County Commissioners / Scheduled for July 18, 2023 from 5-6:00 p.m. / Verbal Update 3. Monthly Update on Past Due Utility Accounts — April.................................................................................................. L-2 M. Second Public Comment Follow the instructions from the first public comment period. Adjournment PUBLIC HEARINGS Public hearings are set by the City Council in order to meet legal requirements. City Council may set a public hearing in order to receive public input prior to making decisions which impact citizens. Certain matters may be controversial and City Council may MAAa public opinion through the pubfiAAMJ%�&t ouncil Meeting Page 2 CITY COUNCIL MEETING Port Angeles, Washington April 18, 2023 This meeting was conducted as a hybrid meeting. CALL TO ORDER -REGULAR MEETING Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, McCaughan, Schromen-Wawrin and Suggs. Members Absent: Council member Miller. Staff Present: City Manager West, Assistant City Manager Goings, Attorney Bloor, Clerk Martinez -Bailey, C. Delikat, D. Sharp, B. Smith, S. Carrizosa, M. Healy & N. Gollub. It was moved by Schromen-Wawrin and seconded by Carr to: Excuse Council member Miller from the meeting. Motion carried 6-0. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Earth Day Proclamation Mayor Dexter read a proclamation in recognition of Earth Day which highlighted many actions taken by the City of Port Angeles to promote resiliency and sustainability in the Port Angeles community. 2. Life Saving Awards Mayor Dexter, Police Chief Brian Smith, and Deputy Chief Jason Viada gathered at the front of the Council Chambers to recognize Port Angeles Police Department's Officer Lily Emery, Officer Kyle Cooper and Corporal Jeff Ordona. Chief Smith spoke to the outstanding efforts made by the officers to protect another human life when they were called to participate in a rescue after a high- speed crash occurred. Deputy Chief Viada read the description of the Meritorious Service Medal the recipients were about to receive. PUBLIC COMMENT No public comment was received. CONSENT AGENDA It was moved by McCaughan and seconded by Schromen-Wawrin to approve the Consent Agenda to include: 1. City Council Minutes of April 4, and April 10, 2023/ Approve 2. Expenditure Report: From March 25, 2023 to April 7, 2023 in the amount of $1,809,402.62 /Approve 3. Glass Recycling Transport Contract / Authorize the City Manager to sign a contract for the transport of recyclable glass from the Port Angeles Transfer Station to a Glass Recycle Processor in an annual amount not to exceed $60, 000. Council discussion followed. Hearing no opposition, the motion carried 6-0. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. 2023 Budget Amendment #1 Finance Director Sarina Carrizosa spoke to the agenda item. Mayor Dexter conducted a second reading of the ordinance by title, entitled, May 16, 2023 E - 1 PORT ANGELES CITY COUNCIL MEETING — April 18, 2023 ORDINANCE NO.3712 AN ORDINANCE of the City of Port Angeles, Washington, amending the City's 2023 budget. It was moved by McCaughan and seconded by Schromen-Wawrin to: Adopt the ordinance as read. Motion carried 6-0. 2. Council Compensation Draft Ordinances City Manager Nathan West spoke to the agenda item, provided background and spoke to the 3 options provided to Council per their direction during the March 7 meeting. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Carr to: After the motion was amended, the final motion was considered: Direct staff to prepare an ordinance similar to the draft that doubles current council compensation, incorporates the travel stipend option, and — if allowed by state law - incorporates an appropriate cost of living annual increase, and increase stipend from $125 to $200. Motion carried 5-1 with McCaughan opposed. RESOLUTIONS NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Resolution updating Section 9.13 of the City's Financial Policies Regarding Leases Finance Director Sarina Carrizosa spoke to the matter before Council, stating that the City's Financial Policies must be updated to include new guidance issued by the Governmental Accounting Standards Board in regard to leases. Director Carrizosa stated the standards are required to be implemented in financial statements starting in 2022. She said the Board's statement provides guidance that identifies leases as assets and liabilities and spoke to categorization of the leases. Mayor Dexter read the resolution by title, entitled, RESOLUTION NO. 02-23 A RESOLUTION of the City Council adopting the City's amended Financial Policy and rescinding Resolution 04-18. It was moved by Schromen-Wawrin and seconded by Carr to: Pass the resolution as read. Motion carried 6-0. CITY COUNCIL REPORTS Council member Suggs spoke in appreciation for the City's recognition of Earth Day. Council member Schromen-Wawrin spoke about equitable utility assistance sub -committee and short-term rental policy sub -committee meetings, and spoke about responses to the request for proposals from consulting firms, and spoke about updates at Clallam Transit System. Council member Meyer spoke about Olympic Peninsula Tourism Commission meeting. Council member spoke about his attendance at the Feiro meeting as an alternate. Council member Carr spoke about attendance at Peninsula Behavior Health's Dawn View Court ribbon cutting. Mayor Dexter spoke about housing development and an upcoming AWC meeting No other reports were given. Page 2 of 3 May 16, 2023 E - 2 PORT ANGELES CITY COUNCIL MEETING — April 18, 2023 INFORMATION Manager West provided an update on a letter sent to the Department of Natural resources asking for the delay of the planned harvest sales of TCB23 and Power Plant forests. He spoke about upcoming events recognizing Earth Day and informed Council of the revenue sources questionnaire in preparation for the April 25' work session. Manager West recognized Interim Director of Community and Economic Development Norm Gollub and expressed his appreciation for his service to the department and community. SECOND PUBLIC COMMENT No public comment was received. ADJOURNMENT Mayor Dexter adjourned the meeting at 6:59 p.m. Kate Dexter, Mayor Page 3 of 3 Kari Martinez -Bailey, City Clerk May 16, 2023 E - 3 CITY COUNCIL SPECIAL MEETING Port Angeles City Council Port Angeles, Washington April 25, 2023 This meeting was conducted as a hybrid meeting. CALL TO ORDER JOINT SPECIAL MEETING Mayor Dexter called the special meeting of the Port Angeles City Council to order at 5:00 p.m. City Council Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, McCaughan, Schromen-Wawrin and Suggs. Council Members Absent: Council member Miller. City Staff Present: City Manager West, Assistant City Manager Goings, Attorney Bloor, Clerk Martinez -Bailey, B. Smith, B. Smith, S. Carrizosa, M. Healy, and N. Gollub. STRATEGIC PLAN WORK SESSION City Manager Nathan West shared a presentation dedicated to Strategic Plan and Revenue Stabilization, the presentation included key slides from the March 28 work session. Manager West asked that Council choose no less than three revenue options to pursue and spoke about a brief survey intended to highlight areas of interest for discussion during the work session. Staff provided results of the questionnaire, which included input from staff and ask that Council choose no less than three revenue options to pursue. In addition, staff look forward to a robust discussion regarding the approach to the Strategic Plan. Manager West expressed the importance for early action from Council in consideration of the preparation of the 2024 Budget. Carrizosa spoke to short and long-term needs, requiring sustainability. Council discussion followed. It was moved by Carr and seconded by McCaughan to: After the motion was amended, the Council considered the final motion: Bring forward items PenCom Sales Tax increase from 1/10 if 1% to 2/10 of 1%, Short Term Rental Fee, and the Transportation Benefit District tax increase from 2/10 of 1% to 3/10 of 1%, Vacant Property Fee, Review Fines and Fees, the Boarder Area fuel tax at a future Council meeting. Hearing no opposition, the motion passed 6-0. Mayor recessed the meeting for a break at 6:17 p.m. The meeting reconvened at 7:22 p.m. Mayor Dexter spoke to the second half of the meeting intended for specific discussion on the strategic Plan. Council discussion followed. ADJOURNMENT Mayor Dexter adjourned the meeting at 8:01 p.m. Kate Dexter, Mayor Kari Martinez -Bailey, City Clerk May 16, 2023 E - 4 CITY COUNCIL MEETING Port Angeles, Washington May 2, 2023 This meeting was conducted as a hybrid meeting. CALL TO ORDER -REGULAR MEETING Mayor Dexter called the regular meeting of the Port Angeles City Council to order at 6:00 p.m. ROLL CALL Members Present: Mayor Dexter, Deputy Mayor Meyer, Council Members Carr, McCaughan, Miller, Schromen- Wawrin and Suggs. Members Absent: None. Staff Present: City Manager West, Attorney Bloor, Clerk Martinez -Bailey, C. Delikat, B. Smith, S. Carrizosa, D. Sharp, and M. Healy. PLEDGE OF ALLEGIANCE Mayor Dexter led the Pledge of Allegiance to the Flag. CEREMONIAL MATTERS, PROCLAMATIONS & EMPLOYEE RECOGNITIONS 1. Citizen Service Award Police Chief Brian Smith and Deputy Chief Jason Viada gathered at the front of the Council Chambers to recognize Citizen Service Award recipient Brian Soiseth. Chief Smith spoke to the outstanding efforts made by Mr. Soiseth to protect another human life when he pulled a fellow citizen off the 81h Street Bridge fence. and Deputy Chief Viada read the description of the medal the Mr. Soiseth was about to receive. PUBLIC COMMENT Laurel Cripe, city resident, spoke about short term rentals. Steve Workman, city resident, spoke about short term rentals. Gayle Brauner, city resident, spoke about the City Manager's Directive to the City's Boards, Committees and Commissions. OTHER CONSIDERATIONS 1. Joint Public Safety Facility Design Authorization City Manager Nathan West introduced the agenda item, spoke about contracting the need to explore how the project would be approached relative to contracting. Shore Aquatic Center Steve Burke provided Council project information, spoke about alternative public works procurements for capital projects and Design Build versus General Contractor/Construction Management. He also spoke about necessary administrative needs that would need to be developed. Manager West shared that the information Burke referred to was a part of the City Council packet. Interim Director of Public Works and Utilities Mike Healy spoke about the bid process and the advantages of one approach over the other. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Carr to: After the motion was made and amended, the final motion was considered: To authorize the City Manager, only after there is a County Project Manager whom the City Manager and County jointly agree to, to sign agreement(s) on behalf of the City to accomplish the following: Amend the 2022 JPSF Management Agreement with the County to extend the scope of work for OAC to include preparation of detailed architectural and engineering design services and documents. Increase the total compensation to OAC to an amount not to exceed $1,900,000.00 for design of the Joint Public Safety Facility; evaluate and report back to Council on whether use of a Design -Build or General Contractor/Construction Manager approach would benefit project execution; and schedule a joint meeting with County officials to resolve key design criteria around May 16, 2023 E - 5 PORT ANGELES CITY COUNCIL MEETING — May 2, 2023 resiliency hub, shelter -in -place facility, utility connections, and other threshold design criteria necessary for OAC to design the facility. Motion carried 7-0. Mayor recessed the meeting for a break at 7:10 p.m. The meeting reconvened at 7:15 p.m. LATE ITEMS TO BE PLACED ON THIS OR FUTURE AGENDAS Manager West spoke about the late item, Wastewater Capacity Improvements, CON-2023-06, Award Construction Contract, added to the packet after it had been sent to Council. Council Schromen-Wawrin asked the Mayor to consider adding a Moratorium on New Short -Term Rental Discussions. Hearing that at least 4 members supported the discussion, the Mayor added the matter to the agenda for discussion. CONSENT AGENDA At the request of Councilmember McCaughan, and hearing no opposition, Mayor Dexter added item Wastewater Capacity Improvements, CON-2023-06, Award Construction Contract to the Consent Agenda. It was moved by McCaughan and seconded by Carr to approve the Consent Agenda to include: 1. Expenditure Report: From April 8, 2023 to April 21, 2023 in the amount of $2,560,106.3 8 / Approve 2. IBM iSeries Server Replacement / Approve the purchase of IBM iSeries Hardware from Converge Technology Solutions in an amount not to exceed $74, 606.21 plus tax and allow the City Manager to make minor modifications to the contract as necessary. 3. WWTP Sludge Pipe Procurement / Approve the procurement of pipe and components to the low bidder Ferguson WaterWorks for the not to exceed bid price of $25, 736.61. 4. McKinley Paper Mill Energy Conservation Award / Authorize the City Manager to approve an energy incentive payment to McKinley paper mill in the amount of $63,028. 5. LATE ITEM — MOVED TO CONSENT AGENDA / Wastewater Capacity Improvements, CON-2023-06, Award Construction Contract / Award a contract for the Schedule A and Additive I bid to Scarsella Bros., Inc. for the CON-2023-06 Wastewater Capacity Improvements in the amount of $5,587,016.27. including applicable taxes and authorize the City Manager to sign a construction contract for this project and to make minor modifications if necessary. Motion carried 7-0. ORDINANCES NOT REQUIRING COUNCIL PUBLIC HEARINGS 1. Council Compensation Manager West provided background on the agenda item, stated it had been 20 years since the compensation matter has been addressed by ordinance, spoke about the process, and outlined the three different options that were provided in the Council packet. City Attorney Bloor spoke about the proposed stipend, saying it was not recommended, rather, the Council should continue daily reimbursement as it is already applied to travel. Finance Director Sarina Carrizosa elaborated on information provided by the state auditor's office. Council discussion followed. Mayor Dexter conducted a first reading of the ordinance by title, entitled, ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, establishing salaries and benefits for the City Council of the City of Port Angeles repealing Ordinance No. 3153. It was moved by Schromen-Wawrin and seconded by Carr to: To request staff modify the draft ordinance to strike the travel stipend and replace with a travel reimbursement that includes the customary reimbursement items as well as childcare costs, and includes a 2.5% annual increase. Motion carried 6-1, with Miller opposed. OTHER CONSIDERATIONS CONTINUED 1. Opioid Settlement Manager West spoke to the agenda item, stating the Council was able to determine the decision making methodology relative to the disbursement of funds. Manager West provided a staff recommend approach. Fire Department Chief Page 2 of 4 May 16, 2023 E - 6 PORT ANGELES CITY COUNCIL MEETING — May 2, 2023 Sharp spoke about an application process that would a disbursement of funds approved by Council. Council discussion followed. It was moved by Carr and seconded by Meyer to: Adopt the methodology for obtaining and reviewing proposals for distribution of the Opioid Settlement funds as proposed by staff in accordance with funding guidance established in the settlement agreement and designate the Finance Director as the City's agent to receive the funds. It was moved by Schromen-Wawrin and seconded by Miller to: Table the matter until a subcommittee of Council meet with staff to a time when the committee can discuss and bring back a recommendation from Council. Motion to table the matter carried 4-3, with Carr, Dexter and Suggs opposed Council members Miller and Meyer expressed interest in participating on the subcommittee. No opposition was heard. 3. AWC Conference Attendance Manager West provided background on the Council item and stated traditionally staff have asked for no more than 3 members of Council attend the conference. Council discussion followed. Mayor Dexter, and Council members Miller and Schromen-Wawrin expressed interest in attending. No opposition was heard. 4. LATE ITEM — Moratorium on Short Term Rentals Mayor Dexter turned the meeting over to Council member Schromen-Wawrin who provided background on the matter. Council discussion followed. It was moved by Schromen-Wawrin and seconded by Carr to: After the motion was made and amended, the final motion was considered: Direct staff to provide to the Council with a draft moratorium on new short-term rentals that rent the entire housing unit and are available more than 30 days per year. Motion carried 7-0. CONTRACTS & PURCHASING 1. Fish Screen Hydraulic System Interim Public Works and Utilities Director Mike Healy introduced the proposed agenda item. It was moved by McCaughan and seconded by Miller to: Authorize and award a contract to Aqua Tech LLC in the not to exceed amount of $54,300.00 to accomplish the repair and maintenance of the hydraulic system located at the Elwha Fish Screen Facility and authorize the City Manager to sign and administer the contract and make minor modifications, as necessary. Motion carried 7-0. 2. Utility Wooden Power Poles — Material Purchase Interim Healy introduced the proposed agenda item. Council discussion followed. It was moved by McCaughan and seconded by Carr to: Award a contract to Stella -Jones Corporation of Tacoma, WA for wooden poles at a price of $112,117.12 including sales tax and authorize the City Manager to sign and to make minor modifications to the contract if necessary. Motion carried 7-0. CITY COUNCIL REPORTS Council member Meyer provided Clallam Transit System and 41 of July festivities updates. Council member McCaughan spoke about his attendance at Fiero Marine Life Center William Shore Memorial Pool District meetings and shared Shore Aquatic Center updates. Council member Miller spoke about voting rights for unsheltered people. Page 3 of 4 May 16, 2023 E - 7 PORT ANGELES CITY COUNCIL MEETING — May 2, 2023 Council member Suggs about attendance at a William Shore Memorial Pool District meeting and shared a Community Garden event at the Port Angeles High School. No other reports were given. INFORMATION Manager West stated the Capital Facilities Plan had been released, spoke about the May work session, a directive to the City's Boards, Committees and Commissions in the Information section of the Council Packet, and an upcoming pancake breakfast at the Port Angeles Fire Department. He closed with information on May as Bike to Work Month. SECOND PUBLIC COMMENT No public comment was received. ADJOURNMENT Mayor Dexter adjourned the meeting at 9:01 p.m. Kate Dexter, Mayor Page 4 of 4 Kari Martinez -Bailey, City Clerk May 16, 2023 E - 8 �Finance Department Sarina CW'rzzu""'a Finance Dircom, "Frim McKee Seniq)r Aeo:untant Melody Schneidcr Micalt Rrrse Financi,,fl Analyst hine Perkins Payroll Speciahst JasonJones Acwtiniant JUhC POMA Accounting TcxhniOan Luke A ndenwn Accoun6ng Technician NieOe Blank Adininistralive Arvflyst Kathy ellen Manny Cumtmner So -vices Manager I nacy Rwks Utility Billing Specialist I :)OR,T NGELES A W A S H I N G T 0 NA. We, the undersigned City Officials of the City of Port Angeles, do hereby certify that the merchandise and/or services hereiln specified have been received and that these claims are approved for payment in the amount of $3,626,316.25 this 16th day, of May, 2023. ate, rrma........ .. ... Mayor City Manager r City of Port Angeles City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount DEPARTMENT OF REVENUE EXCISE TAX RETURNS -MARCH 001-0000-237.00-00 27.37 EXCISE TAX RETURNS -MARCH 001-0000-237.30-00 98.56 EXCISE TAX RETURNS -MARCH 001-0000-237.50-00 10,510.58 Division Total: $10,636.51 Department Total: $10,636.51 MADRONA LAW GROUP, PLLC CONSULTING SERVICES 001-1210-513.41-50 3,429.00 OLYMPIC STATIONERS INC SUPPLIES 001-1210-513.31-01 77.73 City Manager Division Total: $3,506.73 City Manager Department Total: $3,506.73 DEPARTMENT OF REVENUE EXCISE TAX RETURNS -MARCH 001-2023-514.44-50 1,320.25 Accounting Division Total: $1,320.25 OLYMPIC STATIONERS INC OFFICE SUPPLIES, GENERAL 001-2025-514.31-01 23.99 PACIFIC OFFICE EQUIPMENT INC FURNITURE, OFFICE 001-2025-514.31-80 4,012.54 PAYMENTUS GROUP INC Transaction Fees 001-2025-514.41-50 1,607.26 Transaction Fees 001-2025-514.41-50 14,112.34 Customer Service Division Total: $19,756.13 Finance Department Total: $21,076.38 CLALLAM CNTY COMMISSIONER'S SUPPLIES 001-3012-598.51-23 86,755.23 OFFICE Jail Contributions Division Total: $86,755.23 City Attorney Department Total: $86,755.23 MISC DEPOSIT & PERMIT REFUNDS PERMIT REFUND-LUXTON 001-4060-345.81-18 1,000.00 MISC EMPLOYEE EXPENSE FLIGHT REIMBURSE. JOHN VA 001-4060-558.41-50 967.60 REIMBURSEMENT HOTEL REIMBURSE. FOR JOHN 001-4060-558.41-50 413.28 Planning Division Total: $2,380.88 Community Development Department Total: $2,380.88 LINCOLN STREET STATION SHIPPING AND HANDLING 001-5010-521.42-10 25.60 Police Administration Division Total: $25.60 CORTAZZO, JEFFREY M MD CONSULTING SERVICES 001-5021-521.41-50 3,750.00 MISC TRAVEL MALONE-WHIA HOMICIDE INVE 001-5021-521.43-10 103.25 POWLESS-WHIA HOMICIDE INV 001-5021-521.43-10 103.25 SANCHEZ-WHIA HOMICIDE INV 001-5021-521.43-10 103.25 Investigation Division Total: $4,059.75 BLUE MTN ANIMAL CLINIC MISC PROFESSIONAL SERVICE 001-5022-521.49-80 130.85 MISC PROFESSIONAL SERVICE 001-5022-521.49-80 234.57 Page 1 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 9 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor BLUE MTN ANIMAL CLINIC CRIMINAL JUSTINCE TRAINING COMM LINCOLN STREET STATION MISC EMPLOYEE EXPENSE REIMBURSEMENT MISC TRAVEL OLYMPIC PENINSULA COMMUNITY CLINIC OLYMPIC PRINTERS INC PROFORCE LAW ENFORCEMENT SWAIN'S GENERAL STORE INC VIKING SEW & VAC Patrol Division Total: CAPTAIN T'S HID GLOBAL CORPORATION MISC TRAVEL QUILL CORPORATION WAPRO Records Division Total: Police Department Total: CURTIS & SONS INC, L N MISC ONE-TIME VENDORS PUBLIC SAFETY TESTING INC SWAIN'S GENERAL STORE INC ZOOM VIDEO COMMUNICATIONS INC Fire Suppression Division Total: PEN PRINT INC Description MISC PROFESSIONAL SERVICE HUMAN SERVICES SHIPPING AND HANDLING SHIPPING AND HANDLING SHIPPING AND HANDLING SHIPPING AND HANDLING SHIPPING AND HANDLING REIMBURSE K9 FOOD - K9 BO REIMBURSE K9 FOOD - K9 BO L BROWN -CRISIS NEGOTIATOR MISC PROFESSIONAL SERVICE PRINTING,SILK SCR,TYPSET POLICE EQUIPMENT & SUPPLY PROSTHETIC,HEARING AID ET MISCELLANEOUS SERVICES CLOTHING & APPAREL DATA PROC SERV &SOFTWARE BUTLER-TYLER CONNECT 2023 OFFICE SUPPLY, INKS,LEADS HUMAN SERVICES HUMAN SERVICES CLOTHING & APPAREL RECRUIT T-SHIRTS MEMBERSHIPS MEMBERSHIPS SUPPLIES CLOTHING & APPAREL ZOOM ANNUAL INVOICE 2023 PAPER (OFFICE,PRINT SHOP) Account Number 001-5022-521.49-80 001-5022-521.43-10 001-5022-521.42-10 001-5022-521.42-10 001-5022-521.42-10 001-5022-521.42-10 001-5022-521.42-10 001-5022-521.49-80 001-5022-521.49-80 001-5022-521.43-10 001-5022-521.41-50 001-5022-521.31-01 001-5022-521.35-01 001-5022-521.35-01 001-5022-521.31-11 001-5029-521.31-11 001-5029-521.48-02 001-5029-521.43-10 001-5029-521.31-01 001-5029-521.43-10 001-5029-521.43-10 001-6020-522.31-11 001-6020-522.31-11 001-6020-522.41-50 001-6020-522.41-50 001-6020-522.31-11 001-6020-522.31-11 001-6020-522.31-01 001-6045-522.31-01 Amount 357.51 4,212.00 61.88 47.21 47.21 47.21 47.02 130.67 (130.67) 293.25 38,424.69 87.04 1,021.23 47.73 96.83 $45,156.23 132.76 1,145.66 160.00 336.83 65.00 65.00 $1,905.25 $51,146.83 799.20 56.42 359.00 369.00 30.32 23.65 163.09 $1,800.68 82.69 Page 2 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 10 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount WA STATE PATROL EQUIP MAINT & REPAIR SERV 001-6045-522.43-10 109.00 Fire Training Division Total: $191.69 PENINSULA LUBRICANTS PUMPS & ACCESSORIES 001-6050-522.31-01 926.98 SWAIN'S GENERAL STORE INC SUPPLIES 001-6050-522.48-10 30.15 Facilities Maintenance Division Total: $957.13 Fire Department Total: $2,949.50 AMAZON CAPITAL SERVICES SUPPLIES 001-7010-532.31-01 75.26 MISC TRAVEL BOEHME-APWA SPRING CONF 001-7010-532.43-10 1,498.76 MUNICIPAL RESEARCH & SVC CTR MEMBERSHIPS 001-7010-532.49-01 425.00 PACIFIC OFFICE EQUIPMENT INC SUPPLIES 001-7010-532.31-01 153.19 PROTHMAN COMPANY MISC PROFESSIONAL SERVICE 001-7010-532.41-50 8,621.10 MISC PROFESSIONAL SERVICE 001-7010-532.41-50 8,621.10 MISC PROFESSIONAL SERVICE 001-7010-532.41-50 8,528.40 Public Works Admin. Division Total: $27,922.81 Public Works & Utilities Department Total: $27,922.81 CASTLE BRANCH, INC MISC PROFESSIONAL SERVICE 001-8010-574.49-01 1,424.00 OLYMPIC PRINTERS INC SUPPLIES 001-8010-574.31-01 229.57 Parks Administration Division Total: $1,653.57 DEPARTMENT OF REVENUE EXCISE TAX RETURNS -MARCH 001-8050-536.44-50 (45.57) QUIRING MONUMENTS INC CEMETERY MARKERS 001-8050-536.34-01 300.00 CEMETERY MARKERS 001-8050-536.34-01 300.00 SOUND PUBLISHING INC SUPPLIES 001-8050-536.41-15 325.00 Ocean View Cemetery Division Total: $879.43 ANGELES MILLWORK & LUMBER SUPPLIES 001-8080-576.31-20 1.83 LUMBER& RELATED PRODUCTS 001-8080-576.31-20 654.48 SUPPLIES 001-8080-576.31-20 153.77 EQUIP MAINT & REPAIR SERV 001-8080-576.31-20 356.54 SUPPLIES 001-8080-576.31-20 68.61 SUPPLIES 001-8080-576.31-20 47.23 SUPPLIES 001-8080-576.31-20 26.39 SUPPLIES 001-8080-576.31-20 107.64 SUPPLIES 001-8080-576.31-20 18.16 SUPPLIES 001-8080-576.31-20 19.68 SUPPLIES 001-8080-576.31-20 217.58 BAILEY SIGNS & GRAPHICS SIGNS, SIGN MATERIAL 001-8080-576.31-20 1,740.80 Page 3 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 11 r City of Port Angeles City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount BEACON ATHLETICS SPORTING & ATHLETIC EQUIP 001-8080-576.31-20 962.89 FASTENAL INDUSTRIAL SUPPLIES 001-8080-576.31-20 107.04 SUPPLIES 001-8080-576.31-20 (33.12) SUPPLIES 001-8080-576.31-20 33.12 SUPPLIES 001-8080-576.31-20 200.21 GOODMAN SANITATION BUILDING, FABRICATED 001-8080-576.45-30 106.61 BUILDING, FABRICATED 001-8080-576.45-30 106.61 BUILDING, FABRICATED 001-8080-576.45-30 213.21 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8080-576.31-20 472.59 HAULAWAY STORAGE RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 201.92 HEARTLINE FERTILIZERS & SOIL CONDTN 001-8080-576.31-40 97.92 INTERMOUNTAIN LOCK & FARE COLLECTION EQUIP&SUP 001-8080-576.31-01 53.54 SECURITY SPLY PENINSULA COLLEGE PARK,PLAYGROUND,REC EQUIP 001-8080-576.45-30 150.00 PORT ANGELES POWER SUPPLIES 001-8080-576.31-01 6.48 EQUIPMENT PORT OF PORT ANGELES MISC PROFESSIONAL SERVICE 001-8080-576.45-30 2,274.34 RAINBOW SWEEPERS, INC RENTAL/LEASE EQUIPMENT 001-8080-576.45-30 788.80 SWAIN'S GENERAL STORE INC SUPPLIES 001-8080-576.31-01 38.78 SUPPLIES 001-8080-576.31-01 150.85 THURMAN SUPPLY SUPPLIES 001-8080-576.31-20 4.47 SUPPLIES 001-8080-576.31-20 43.63 UNITED RENTALS NORTHWEST INC MACHINERY & HEAVY HRDWARE 001-8080-576.45-30 1,826.91 WALTER E NELSON CO JANITORIAL SUPPLIES 001-8080-576.31-01 6,592.67 PAPER & PLASTIC-DISPOSABL 001-8080-576.31-01 6,101.41 Parks Facilities Division Total: $23,913.59 Parks & Recreation Department Total: $26,446.59 DAVE'S HEATING & COOLING SVC MISCELLANEOUS SERVICES 001-8112-555.48-10 130.56 Senior Center Facilities Division Total: $130.56 CED/CONSOLIDATED ELEC DIST SUPPLIES 001-8131-518.31-20 46.24 SUPPLIES 001-8131-518.31-20 165.38 GRAINGER JANITORIAL SUPPLIES 001-8131-518.31-01 1,843.61 HARTNAGEL BUILDING SUPPLY INC SUPPLIES 001-8131-518.31-20 29.88 JOHNSTONE SUPPLY INC SUPPLIES 001-8131-518.31-20 283.54 MAYDA AND SONS MECHANICAL SUPPLIES 001-8131-518.48-10 369.92 Page 4 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 12 r City of Port Angeles City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount THURMAN SUPPLY SUPPLIES 001-8131-518.31-20 41.33 SUPPLIES 001-8131-518.31-20 50.70 WALTER E NELSON CO JANITORIAL SUPPLIES 001-8131-518.31-01 253.55 JANITORIAL SUPPLIES 001-8131-518.31-01 878.34 JANITORIAL SUPPLIES 001-8131-518.31-01 1,577.52 PAPER & PLASTIC-DISPOSABL 001-8131-518.31-01 2,218.26 Central Svcs Facilities Division Total: $7,758.27 Facilities Maintenance Department Total: $7,888.83 BLACK BALL TRANSPORT, INC BUILDING MAINT&REPAIR SER 001-9029-518.41-50 20,000.00 General Unspecified Division Total: $20,000.00 Non -Departmental Department Total: $20,000.00 General Fund Fund Total: $260,710.29 DEPARTMENT OF REVENUE EXCISE TAX RETURNS -MARCH 102-0000-237.10-00 Division Total: $8.73 Department Total: $8.73 ALPINE PRODUCTS, INC PLASTICS 102-7230-542.31-25 7,062.38 ANGELES MILLWORK & LUMBER PAINTING EQUIPMENT & ACC 102-7230-542.35-01 86.20 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 102-7230-542.31-20 232.83 FASTENAL INDUSTRIAL HAND TOOLS ,POW&NON POWER 102-7230-542.35-01 222.14 HARTNAGEL BUILDING SUPPLY INC HARDWARE,AND ALLIED ITEMS 102-7230-542.31-01 28.50 JJC RESOURCES, LLC ROAD/HWY MAT NONASPHALTIC 102-7230-542.31-20 2,210.16 LAKESIDE INDUSTRIES INC ROAD/HWY MATERIALS ASPHLT 102-7230-542.31-20 4,174.65 ORKIN EXTERMINATING COMPANY EXTERNAL LABOR SERVICES 102-7230-542.41-50 35.46 INC PORT ANGELES POWER PIPE FITTINGS 102-7230-542.31-01 121.61 EQUIPMENT PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE 102-7230-542.47-10 14.09 SARGENT ENGINEERING, INC ENGINEERING SERVICES 102-7230-542.41-50 816.77 SWAIN'S GENERAL STORE INC PW CONSTRUCTION & RELATED 102-7230-542.31-01 31.45 FIRST AID & SAFETY EQUIP. 102-7230-542.31-01 160.46 SHOES AND BOOTS 102-7230-542.31-01 159.01 SHOES AND BOOTS 102-7230-542.31-01 183.49 AUTO SHOP EQUIPMENT & SUP 102-7230-542.31-01 55.43 Street Division Total: $15,594.63 Public Works -Street Department Total: $15,594.63 Page 5 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 13 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 venaor Street Fund Total: AT&T BUSINESS SERVICE BIDDLE CONSULTING GROUP INC CENTURYLINK MISC TRAVEL PETEK & ASSOCIATES QUILL CORPORATION Pencom Division Total: Pencom Department Total: Pencom Fund Total: US BANK -DEBT SVC WIRES Description A/C 017 203 4468 001 DATA PROC SERV &SOFTWARE 04-06 A/C 300539444 LEMON-TYLER CONNECT 2023 HEALTH RELATED SERVICES HEALTH RELATED SERVICES OFFICE SUPPLY, INKS,LEADS FINANCIAL SERVICES 2014 LTGO Bond -Solid Wast Division Total: Debt Service Department Total: 2014 LTGO Bond -Solid Wast Fund Total: SARGENT ENGINEERING, INC ENGINEERING SERVICES Misc Parks Projects Division Total: Capital Proj-Parks & Rec Department Total: Capital Improvement Fund Total: INTERWEST CONSTRUCTION, INC. PW CONSTRUCTION & RELATED PARAMETRIX INC CONSULTING SERVICES SARGENT ENGINEERING, INC ENGINEERING SERVICES GF-Street Projects Division Total: Capital Projects -Pub Wks Department Total: Transportation Benefit Fund Total: A/R MISCELLANEOUS REFUNDS DIFF OF EST VS ACT BORDER STATES INDUSTRIES INC MISC UTILITY DEPOSIT REFUNDS DIFF OF EST VS ACT ELECTRICAL EQUIP & SUPPLY ELECTRICAL EQUIP & SUPPLY FINAL BILL REFUND FINAL CREDIT-1404 ROOK DR FINAL BILL REFUND FINAL BILL REFUND FINAL BILL REFUND UTILITY DEPOSIT REFUND Account Number 107-5160-528.42-11 107-5160-528.41-50 107-5160-528.42-11 107-5160-528.43-10 107-5160-528.41-50 107-5160-528.41-50 107-5160-528.31-01 216-2437-592.83-10 310-8985-594.65-10 312-7930-595.65-10 312-7930-595.65-10 312-7930-595.65-10 401-0000-213.10-90 401-0000-213.10-90 401-0000-141.42-00 401-0000-141.42-00 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 401-0000-122.10-99 Amount $15,603.36 5.08 3,595.00 66.77 256.00 385.00 1,925.00 306.67 $6,539.52 $6,539.52 $6,539.52 150,250.00 $150,250.00 $150,250.00 $150,250.00 764.95 $764.95 $764.95 $764.95 621,027.70 54,939.69 199.05 $676,166.44 $676,166.44 $676,166.44 2,543.72 5,101.37 1,296.68 695.58 256.29 317.76 22.83 66.75 145.16 125.00 Page 6 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 14 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount OLDCASTLE PRECAST, INC ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 2,075.90 ELECTRICAL EQUIP & SUPPLY 401-0000-141.42-00 6,388.74 Division Total: $19,035.78 Department Total: $19,035.78 AMAZON CAPITAL SERVICES COMPUTER ACCESSORIES&SUPP 401-7180-533.31-01 406.76 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 88.80 COMPUTERS,DP & WORD PROC. 401-7180-533.31-01 34.73 CED/CONSOLIDATED ELEC DIST OFFICE SUPPLIES, GENERAL 401-7180-533.31-01 366.66 HARDWARE,AND ALLIED ITEMS 401-7180-533.35-01 129.47 DELL MARKETING LP COMPUTER HARDWARE&PERIPHE 401-7180-533.35-01 3,682.91 DEPARTMENT OF REVENUE EXCISE TAX RETURNS -MARCH 401-7180-533.44-50 99,963.05 FASTENAL INDUSTRIAL FUEL,OIL,GREASE, & LUBES 401-7180-533.31-20 154.62 GENERAL PACIFIC INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 3,427.20 MATT'S TOOLS USA, LLC ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 1,040.95 ELECTRICAL EQUIP & SUPPLY 401-7180-533.35-01 472.77 NAPA AUTO PARTS BRUSHES (NOT CLASSIFIED) 401-7180-533.35-01 23.70 PLATT ELECTRIC SUPPLY INC ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 192.22 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 632.00 ROHLINGER ENTERPRISES INC TESTING&CALIBRATION SERVI 401-7180-533.48-10 156.94 SECURITY SERVICES NW, INC COMMUNICATIONS/MEDIA SERV 401-7180-533.41-50 107.71 THURMAN SUPPLY ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 4.94 ELECTRICAL EQUIP & SUPPLY 401-7180-533.34-02 17.76 Electric Operations Division Total: $110,903.19 Public Works -Electric Department Total: $110,903.19 Electric Utility Fund Total: $129,938.97 FERGUSON ENTERPRISES INC PIPE FITTINGS 402-0000-141.40-00 5,133.51 PLUMBING EQUIP FIXT,SUPP 402-0000-141.40-00 1,907.71 PIPE FITTINGS 402-0000-141.40-00 707.08 PLUMBING EQUIP FIXT,SUPP 402-0000-141.40-00 969.53 PIPE FITTINGS 402-0000-141.40-00 3,206.99 FOWLER COMPANY, H D PLUMBING EQUIP FIXT,SUPP 402-0000-141.40-00 2,719.41 Division Total: $14,644.23 Department Total: $14,644.23 A & A ROCK, INC. ROOFING MATERIALS 402-7380-534.31-20 1,915.70 ROOFING MATERIALS 402-7380-534.31-20 1,909.60 Page 7 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 15 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor AMAZON CAPITAL SERVICES CED/CONSOLIDATED ELEC DIST DEPARTMENT OF REVENUE GRAINGER HEARTLINE NAPA AUTO PARTS NORTHWEST FLUID SOLUTIONS INC OLYMPIC PRINTERS INC ORKIN EXTERMINATING COMPANY INC PUD #1 OF CLALLAM COUNTY SPECTRA LABORATORIES-KITSAP SWAIN'S GENERAL STORE INC US BANK -DEBT SVC WIRES Description EQUIP MAINT & REPAIR SERV ELECTRICAL EQUIP & SUPPLY EXCISE TAX RETURNS -MARCH FURNITURE,LAB,SPECIAL HOSP. & SURG MOBILE SEED,SOD,SOIL&INOCULANT SEED,SOD,SOIL&INOCULANT BELTS AND BELTING MISCELLANEOUS PRODUCTS SHIPPING AND HANDLING PRINTING,SILK SCR,TYPSET EXTERNAL LABOR SERVICES MISC PROFESSIONAL SERVICE TESTING&CALIBRATION SERVI HARDWARE,AND ALLIED ITEMS FINANCIAL SERVICES FINANCIAL SERVICES Water Division Total: ANGELES MILLWORK & LUMBER FASTENERS, FASTENING DEVS PUD #1 OF CLALLAM COUNTY MISC PROFESSIONAL SERVICE Industrial Water Treatmnt Division Total: Public Works -Water Department Total: Water Utility Fund Total: DEPARTMENT OF REVENUE EXCISE TAX RETURNS -MARCH Division Total: Department Total: AMAZON CAPITAL SERVICES HARDWARE,AND ALLIED ITEMS CED/CONSOLIDATED ELEC DIST DEPARTMENT OF REVENUE EDGE ANALYTICAL FEDERAL EXPRESS CORP OPTICAL EQUIP ACESS& SUPP ELECTRICAL EQUIP & SUPPLY EQUIP MAINT & REPAIR SERV EXCISE TAX RETURNS -MARCH MISC PROFESSIONAL SERVICE MISC PROFESSIONAL SERVICE Shipping Charges Account Number 402-7380-534.35-01 402-7380-534.31-20 402-7380-534.44-50 402-7380-534.31-20 402-7380-534.31-01 402-7380-534.31-20 402-7380-534.31-20 402-7380-534.31-20 402-7380-534.31-20 402-7380-534.31-20 402-7380-534.31-01 402-7380-534.41-50 402-7380-534.47-10 402-7380-534.41-50 402-7380-534.31-01 402-7380-592.83-10 402-7380-592.83-10 402-7382-534.31-20 402-7382-534.47-10 403-0000-237.00-00 403-7480-535.35-01 403-7480-535.35-01 403-7480-535.31-20 403-7480-535.31-20 403-7480-535.44-50 403-7480-535.41-50 403-7480-535.41-50 403-7480-535.42-10 Amount 197.92 232.83 25,003.50 146.42 278.25 93.57 97.92 29.00 1,040.66 116.20 516.80 35.47 50.34 239.00 32.57 19,241.00 58,965.63 $110,142.38 75.58 52.89 $128.47 $110,270.85 $124,915.08 449.16 $449.16 $449.16 65.15 16.24 232.83 155.86 19,638.14 56.00 158.00 15.29 Page 8 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 16 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor FEDERAL EXPRESS CORP FERGUSON ENTERPRISES INC GRAINGER MATT'S TOOLS USA, LLC MCMASTER-CARR SUPPLY CO MISC EMPLOYEE EXPENSE REIMBURSEMENT MISC TRAVEL NAPA AUTO PARTS ORKIN EXTERMINATING COMPANY INC PACIFIC OFFICE EQUIPMENT INC PETROCARD, INC POLYDYNE INC SOUND PUBLISHING INC SWAIN'S GENERAL STORE INC TENELCO THURMAN SUPPLY US BANK -DEBT SVC WIRES WA STATE DEPARTMENT OF Description Shipping Charges Shipping Charges SHIPPING CHARGES SHIPPING CHARGES PIPE FITTINGS EQUIP MAINT & REPAIR SERV AUTO & TRUCK MAINT. ITEMS FASTENERS, FASTENING DEVS HAND TOOLS ,POW&NON POWER BOOT REIMBURSEMENT 04/16/ Account Number 403-7480-535.42-10 403-7480-535.42-10 403-7480-535.42-10 403-7480-535.42-10 403-7480-535.31-20 403-7480-535.31-01 403-7480-535.35-01 403-7480-535.31-20 403-7480-535.35-01 403-7480-535.31-01 CARLSEEN-CECSL TRAINING 403-7480-535.43-10 BELTS AND BELTING 403-7480-535.31-20 AUTO & TRUCK MAINT. ITEMS 403-7480-535.31-20 BELTS AND BELTING 403-7480-535.31-20 EXTERNAL LABOR SERVICES 403-7480-535.41-50 COMPUTERS,DP & WORD PROC. FUEL,OIL,GREASE, & LUBES WATER&SEWER TREATING CHEM COMMUNICATIONS/MEDIA SERV FOODS: PERISHABLE MISCELLANEOUS SERVICES MISCELLANEOUS SERVICES PIPE AND TUBING FINANCIAL SERVICES FINANCIAL SERVICES MISC PROFESSIONAL SERVICE ECOLOGY Wastewater Division Total: Public Works-WW/Stormwtr Department Total: Wastewater Utility Fund Total: ALPINE PRODUCTS, INC PLASTICS CASTLE TIRE DISPOSAL SALE SURPLUS/OBSOLETE CLEAN EARTH EVIRONMENTAL PW CONSTRUCTION & RELATED SOLUTIONS 403-7480-535.31-01 403-7480-535.32-20 403-7480-535.31-05 403-7480-535.41-15 403-7480-535.31-01 403-7480-535.47-10 403-7480-535.47-10 403-7480-535.31-01 403-7480-592.83-10 403-7480-592.83-10 403-7480-535.49-90 404-7538-537.48-10 404-7538-537.41-51 404-7538-537.41-51 Amount 25.00 40.39 31.39 31.63 1,962.02 231.66 96.51 86.17 71.59 174.08 76.00 25.25 16.93 46.74 35.47 311.44 289.96 4,661.97 123.24 94.88 4,086.04 3,968.92 8.60 7,859.00 58, 211.20 760.00 $103,663.59 $103,663.59 $104,112.75 3,596.47 1,426.85 9,872.31 Page 9 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 17 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor DEPARTMENT OF REVENUE FAMILY SHOE STORE FEDERAL EXPRESS CORP FOSTER GARVEY PC HARBOR FREIGHT TOOLS MISC TRAVEL RABANCO, LTD REGIONAL DISPOSAL SWAIN'S GENERAL STORE INC THERMO-FLUIDS SW - Transfer Station Division Total: BAILEY SIGNS & GRAPHICS CED/CONSOLIDATED ELEC DIST DEPARTMENT OF REVENUE MISC EMPLOYEE EXPENSE REIMBURSEMENT MISC TRAVEL ORKIN EXTERMINATING COMPANY INC SWAIN'S GENERAL STORE INC Description EXCISE TAX RETURNS -MARCH SHOES AND BOOTS Shipping Charges MISC PROFESSIONAL SERVICE MISC PROFESSIONAL SERVICE RENTAL/LEASE EQUIPMENT EVANS-SWANA CONF MISCELLANEOUS SERVICES MISCELLANEOUS SERVICES BUILDING MAINT&REPAIR SER BUILDING MAINT&REPAIR SER BUILDING MAINT&REPAIR SER SHOES AND BOOTS FEED, BEDDING,VIT-ANIMAILS LAB &FIELD EQUIP,BIO,BOT PW CONSTRUCTION & RELATED PW CONSTRUCTION & RELATED PW CONSTRUCTION & RELATED SUPPLIES ELECTRICAL EQUIP & SUPPLY EXCISE TAX RETURNS -MARCH MEAL TICKET - OVERTIME - MEAL TICKET - CALLED IN - MEAL TICKET - OVERTIME - MEAL TICKET - OVERTIME - MEAL TICKET - OVERTIME - MEAL TICKET - OVERTIME - MEAL TICKET - OVERTIME - SAGE-SWANA CONF EXTERNAL LABOR SERVICES SPRAYING EQUIPMENT HAND TOOLS ,POW&NON POWER Solid Waste -Collections Division Total: Account Number 404-7538-537.44-50 404-7538-537.31-01 404-7538-537.42-10 404-7538-537.41-50 404-7538-537.41-50 404-7538-537.35-01 404-7538-537.43-10 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.31-01 404-7538-537.31-01 404-7538-537.31-01 404-7538-537.41-51 404-7538-537.41-51 404-7538-537.41-51 404-7580-537.31-01 404-7580-537.31-20 404-7580-537.44-50 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.31-01 404-7580-537.43-10 404-7580-537.41-50 404-7580-537.31-01 404-7580-537.32-10 Amount 24,651.34 217.56 42.45 320.00 420.10 432.99 166.50 (15,814.90) 59, 577.17 13, 351.82 17, 904.29 328, 516.06 150.85 34.75 31.64 204.80 18.00 71.30 $445,192.35 174.08 232.83 17, 666.41 18.50 37.00 37.00 37.00 37.00 37.00 37.00 166.50 35.47 19.55 69.57 $18,604.91 Page 10 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 18 r City of Port Angeles City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount ANGELES MILLWORK & LUMBER FIRST AID & SAFETY EQUIP. 404-7585-537.48-10 46.28 ASPECT CONSULTING, LLC CONSULTING SERVICES 404-7585-537.41-50 28,713.40 FEDERAL EXPRESS CORP SHIPPING CHARGES 404-7585-537.42-10 592.94 MISC TRAVEL DORCY-SWANA CONF 404-7585-537.43-10 166.50 Solid Waste -Landfill Division Total: $29,519.12 Public Works -Solid Waste Department Total: $493,316.38 Solid Waste Utility Fund Total: $493,316.38 CED/CONSOLIDATED ELEC DIST ELECTRICAL EQUIP & SUPPLY 406-7412-538.31-20 232.84 DEPARTMENT OF REVENUE EXCISE TAX RETURNS -MARCH 406-7412-538.49-50 713.37 HEARTLINE NURSERY STOCK & SUPPLIES 406-7412-538.31-20 71.81 MISC TRAVEL LANDES-WSU PESTICIDE LICE 406-7412-538.43-10 138.00 SWAIN'S GENERAL STORE INC FASTENERS, FASTENING DEVS 406-7412-538.31-01 9.32 FIRST AID & SAFETY EQUIP. 406-7412-538.31-01 65.00 SPRAYING EQUIPMENT 406-7412-538.31-01 98.84 SEED,SOD,SOIL&INOCULANT 406-7412-538.31-20 63.92 US BANK -DEBT SVC WIRES FINANCIAL SERVICES 406-7412-592.83-10 4,764.90 Stormwater Division Total: $6,158.00 Public Works-WW/Stormwtr Department Total: $6,158.00 Stormwater Utility Fund Total: $6,158.00 CLALLAM CNTY EMS MEMBERSHIPS 409-6025-526.41-50 1,140.00 LIFE ASSIST SALE SURPLUS/OBSOLETE 409-6025-526.31-01 1,651.53 PACIFIC OFFICE EQUIPMENT INC OFFICE SUPPLY,INKS,LEADS 409-6025-526.31-01 99.82 ZOLL MEDICAL CORPORATION SALE SURPLUS/OBSOLETE 409-6025-526.31-01 88.99 Medic I Division Total: $2,980.34 OLYMPIC PENINSULA COMMUNITY HOSP SURG ACCES & SUNDRIS 409-6027-526.41-50 32,052.86 CLINIC Community Paramedicine Division Total: $32,052.86 Fire Department Total: $35,033.20 Medic I Utility Fund Total: $35,033.20 INTEGRAL CONSULTING, INC CONSULTING SERVICES 413-7481-535.41-50 Wastewater Remediation Division Total: $270.00 Public Works-WW/Stormwtr Department Total: $270.00 Harbor Clean Up Fund Total: $270.00 INTERWEST CONSTRUCTION, INC. CONSTRUCTION SERVICES,HEA 452-7388-594.65-10 35,360.00 Water Projects Division Total: $35,360.00 Page 11 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 19 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Public Works -Water Department Total: Water Utility CIP Fund Total: US BANK -DEBT SVC WIRES FINANCIAL SERVICES Solid Waste Coll Projects Division Total: Public Works -Solid Waste Department Total: Solid Waste Utility CIP Fund Total: BUILDERS EXCHANGE OF WA INC DAILY JOURNAL OF COMMERCE SOUND PUBLISHING INC US BANK -DEBT SVC WIRES Description COMMUNICATIONS/MEDIA SERV COMMUNICATIONS/MEDIA SERV COMMUNICATIONS/MEDIA SERV COMMUNICATIONS/MEDIA SERV FINANCIAL SERVICES CSO Capital Division Total: Public Works-WW/Stormwtr Department Total: CSO Capital Fund Total: AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES PRODUCTS, INC FORCE AMERICA INDUSTRIAL HYDRAULICS MOTION INDUSTRIES, INC NAPA AUTO PARTS O'REILLY AUTO PARTS PACIFIC GOLF & TURF PAPE-KENWORTH NORTHWEST INC PETROCARD, INC PRICE FORD LINCOLN SIX ROBBLEES' INC Division Total: Department Total: ALTEC INDUSTRIES, INC AMAZON CAPITAL SERVICES FUEL,OIL,GREASE, & LUBES AUTO & TRUCK MAINT. ITEMS HOSES, ALL KINDS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK MAINT. ITEMS FUEL,OIL,GREASE, & LUBES AUTO & TRUCK MAINT. ITEMS AUTO & TRUCK ACCESSORIES AUTO & TRUCK MAINT. ITEMS EXTERNAL LABOR SERVICES AUTO & TRUCK MAINT. ITEMS Account Number 454-7588-592.83-10 463-7489-594.65-10 463-7489-594.65-10 463-7489-594.65-10 463-7489-594.65-10 463-7489-592.83-10 501-0000-141.40-00 501-0000-141.20-00 501-0000-141.20-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.40-00 501-0000-141.20-00 501-0000-141.40-00 501-0000-141.40-00 501-7630-548.34-02 501-7630-548.34-02 501-7630-548.31-01 Amount $35,360.00 $35,360.00 144,200.00 $144,200.00 $144,200.00 $144,200.00 98.50 926.40 123.24 372.88 275,133.27 $276,654.29 $276,654.29 $276,654.29 146.85 15, 023.23 14,700.02 479.44 1,999.45 631.74 137.02 586.11 371.88 172.15 347.49 362.38 89.81 306.13 116.77 1,000.96 $36,471.43 $36,471.43 501.39 7,269.24 17.38 Page 12 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 20 r City of Port Angeles City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount AMAZON CAPITAL SERVICES AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 25.56 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 42.42 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 41.92 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 65.23 ANGELES MILLWORK & LUMBER AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 36.32 AUTO & TRUCK MAINT. ITEMS 501-7630-548.31-01 39.17 ARAMARK LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 LAUNDRY/DRY CLEANING SERV 501-7630-548.49-90 20.28 ASSOCIATED PETROLEUM FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 152.78 PRODUCTS, INC FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 208.16 FUEL,OIL,GREASE, & LUBES 501-7630-548.32-13 128.72 BAXTER AUTO PARTS #15 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 7.42 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 22.37 CUMMINS NORTHWEST INC RENTAL/LEASE EQUIPMENT 501-7630-548.48-02 816.00 DAREN'S POINT S AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 447.33 EXTERNAL LABOR SERVICES 501-7630-548.34-02 43.40 EXTERNAL LABOR SERVICES 501-7630-548.34-02 54.29 EXTERNAL LABOR SERVICES 501-7630-548.34-02 18.44 FAR -WEST MACHINE & AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 73.64 HYDRAULICS FREIGHTLINER NORTHWEST AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 133.93 HEARTLINE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 221.90 LES SCHWAB TIRE CENTER EXTERNAL LABOR SERVICES 501-7630-548.34-02 87.00 MATT'S TOOLS USA, LLC AUTO & TRUCK MAINT. ITEMS 501-7630-548.35-01 434.10 N C MACHINERY CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 120.84 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 328.71 NAPA AUTO PARTS AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 47.86 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 9.02 BELTS AND BELTING 501-7630-548.34-02 64.75 NELSON TRUCK EQUIPMENT CO AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 0.01 INC AUTO BODIES & ACCESSORIES 501-7630-548.34-02 2,092.27 NORTH PACIFIC DESIGN EXTERNAL LABOR SERVICES 501-7630-548.34-02 3,788.42 ORKIN EXTERMINATING COMPANY EXTERNAL LABOR SERVICES 501-7630-548.41-50 35.46 INC PAPE-KENWORTH NORTHWEST, AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 69.71 INC Page 13 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 21 r City of Port Angeles City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount PAPE' MACHINERY AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 184.92 PRICE FORD LINCOLN AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 136.66 RUDDELL AUTO MALL AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 534.31 RUDY'S AUTOMOTIVE AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 299.50 AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 392.95 BELTS AND BELTING 501-7630-548.34-02 91.59 EXTERNAL LABOR SERVICES 501-7630-548.34-02 200.19 EXTERNAL LABOR SERVICES 501-7630-548.34-02 504.24 SOLID WASTE SYSTEMS, INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 644.43 WESTERN PETERBILT INC AUTO & TRUCK MAINT. ITEMS 501-7630-548.34-02 684.03 Equipment Services Division Total: $21,158.54 Public Works Department Total: $21,158.54 Equipment Services Fund Total: $57,629.97 RIGHT SYSTEMS INC DATA PROC SERV &SOFTWARE 502-2081-518.41-50 10,880.00 SHI INTERNATIONAL CORP DATA PROC SERV &SOFTWARE 502-2081-518.41-50 2,883.79 DATA PROC SERV &SOFTWARE 502-2081-518.48-02 5,742.22 COMPUTERS,DP & WORD PROC. 502-2081-518.48-02 603.57 COMPUTER HARDWARE&PERIPHE 502-2081-518.31-60 600.84 Information Technologies Division Total: $20,710.42 SHI INTERNATIONAL CORP COMPUTER HARDWARE&PERIPHE 502-2082-594.65-10 205,696.49 DATA PROC SERV &SOFTWARE 502-2082-594.65-10 21,045.14 IT Capital Projects Division Total: $226,741.63 Finance Department Total: $247,452.05 Information Technology Fund Total: $247,452.05 AWC EMPLOYEE BENEFITS TRUST L1 MED/DEN/VIS PREMIUMS 503-1631-517.46-34 8,102.06 LIFE INSURANCE 503-1631-517.46-32 1,932.30 LTD 503-1631-517.46-31 6,459.07 MED/DEN/VIS PREMIUMS 503-1631-517.46-30 230,129.09 HSA BANK Service Fee 503-1631-517.46-30 25.50 Service Fee 503-1631-517.46-30 242.50 EMPLOYER CONTRIBUTIONS 503-1631-517.46-30 3,000.00 EMPLOYER CONTRIBUTION 503-1631-517.46-30 1,500.00 MISC ONE-TIME VENDORS WELLNESS PRIZE - FIRE FIT 503-1631-517.41-51 200.00 REDACTED DISABILTY BOARD MAR/APR 503-1631-517.46-35 7.79 DISABILTY BOARD MAR/APR 503-1631-517.46-35 296.00 Page 14 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 22 ,.� City of Port Angeles City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Description Account Number Amount REDACTED DISABILTY BOARD MAR/APR 503-1631-517.46-35 375.83 DISABILTY BOARD MAR/APR 503-1631-517.46-35 624.38 DISABILTY BOARD MAR/APR 503-1631-517.46-35 661.78 DISABILTY BOARD MAR/APR 503-1631-517.46-35 728.09 DISABILTY BOARD MAR/APR 503-1631-517.46-35 736.45 DISABILTY BOARD MAR/APR 503-1631-517.46-35 804.00 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 108.00 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 148.50 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 154.10 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 164.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 442.90 REIMBURSE MEDICARE-APRIL 503-1631-517.46-35 670.90 REDQUOTE, INC. HRA REIMBURSEMENTS 503-1631-517.46-30 5,033.73 HRA REIMBURSEMENTS 503-1631-517.46-30 1,137.87 HRA REIMBURSEMENT 503-1631-517.46-30 753.81 Other Insurance Programs Division Total: $266,436.65 DEPARTMENT OF LABOR & 1ST QTR L&I REPORT 503-1661-517.49-50 96,928.13 INDUSTRIES Worker's Compensation Division Total: $96,928.13 SUMMIT LAW GROUP PLLC PROFESSIONAL SERVICES 503-1671-517.41-50 29,545.10 Comp Liability Division Total: $29,545.10 Self Insurance Department Total: $392,909.88 Page 15 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 23 City of Port Angeles r City Council Expenditure Report Between Apr 22, 2023 and May 5, 2023 Vendor Self -Insurance Fund Total: AWC EMPLOYEE BENEFITS TRUST CHAPTER 13 TRUSTEE EMPLOYEES ASSOCIATION EMPLOYMENT SECURITY DEPT EMPOWER-P/R WIRE FEDERAL PAYROLL TAX FICA/MEDICARE PAYROLL TAX HSA BANK JOHN HANCOCK LIFE INSURANCE CO LEOFF MISSION SQUARE-P/R WIRES OFFICE OF SUPPORT ENFORCEMENT PERS TEAMSTERS LOCAL 589 Description SUPPLEMENTAL LIFE Case #21-10696 PAYROLL SUMMARY 1ST QTR 2023 PFML PREMIUM PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY EMPLOYEE CONTRIBUTIONS EMPLOYEE CONTRIBUTION PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY PAYROLL SUMMARY UNITED WAY (PAYROLL) PAYROLL SUMMARY WSCFF/EMPLOYEE BENEFIT PAYROLL SUMMARY TRUST Division Total: Department Total: Payroll Clearing Fund Total: Total for Checks Dated Between Apr 22, 2023 and May 5, 2023 Account Number 920-0000-231.53-30 920-0000-231.56-90 920-0000-231.55-30 920-0000-231.53-50 920-0000-231.52-20 920-0000-231.50-10 920-0000-231.50-20 920-0000-231.52-40 920-0000-231.52-40 920-0000-231.53-11 920-0000-231.53-12 920-0000-231.52-25 920-0000-231.51-21 920-0000-231.52-10 920-0000-231.56-20 920-0000-231.51-12 920-0000-231.51-12 920-0000-231.51-10 920-0000-231.51-11 920-0000-231.51-12 920-0000-231.54-10 920-0000-231.54-10 920-0000-231.56-10 920-0000-231.53-20 Amount $392,909.88 781.80 358.00 650.00 42, 360.77 26,455.37 95,169.27 111,201.40 4,065.14 4,065.14 75.00 321.93 1,645.22 35, 383.01 31,187.06 1,116.83 (918.64) 918.64 624.11 15,454.00 86,877.07 2,275.00 2,275.00 190.00 5,800.00 $468,331.12 $468,331.12 $468,331.12 $3,626,316.25 Page 16 of 16 May 10, 2023 9:04:06 AM May 16, 2023 E - 24 IQ P Q K TANGELES CITY COUNCIL W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Derrell Sharp, Fire Chief Subject: Update and Renewal of Forestland Response Agreement with Department of Natural Resources Summary: Since 2008, the City of Port Angeles has had a cooperative agreement with the Department of Natural Resources for the provision of wildland firefighting services. With recent changes in the Fire Chief position, the current agreement with the Department of Natural Resources requires updating. This updated contract will expire on December 31, 2023. In January of 2024, a renewal of the Forestland Response Agreement with Department of Natural Resources will need to be signed. Funding: There is no cost to the City associated with this agreement. Recommendation: 1) Approve the attached agreement with the Department of Natural Resources for the provision of wildland firefighting services, 2) authorize the Fire Chief to sign the agreement and 3) authorize the Fire Chief to sign an agreement for calendar year 2024 that is substantially similar. Background / Analysis: In 2008, the City of Port Angeles entered into a five-year agreement with the Department of Natural Resources for the provision of wildland firefighting services. Since 2008, the Council has enabled the Fire Chief to renew expiring Forestland Response Agreements with the Department of Natural Resources. There are a number of large tracts of land within the City that are considered Wildland-Urban Interface zones. Additionally, there are many areas of the City that border Wildland and Wildland-Urban Interface areas. Extinguishing fires that occur in wildland areas can require specially trained personnel and specifically equipped apparatus. Department of Natural Resources has access to those types of resources and enters into agreements with jurisdictions for the use of those resources. The City benefits through access to these specialized resources. The Department of Natural Resources benefits indirectly by protecting lands that are adjacent to their jurisdiction through initial responses and mutual aid provided by structural firefighting resources. Both agencies recognize that they have resources that can be mutually shared for the protection of life and property within their respective jurisdictions. The last renewal of this agreement requires updating with the new Fire Chief. Additionally, upon the expiration of this contract on December 31, 2023, a renewal will need to be signed in January of 2024. The Fire Chief and the City Attorney's Office have both reviewed the agreement. Funding: There is no cost to the City associated with this agreement. However, this agreement enables the City to be reimbursed for deployment or use of Port Angeles Fire Department personnel and resources upon Department of Natural Resources requests for assistance. Attachment: Department of Natural Resources Forestland Response Agreement 2023 May 16, 2023 E - 25 WILDFIRE FORESTLAND RESPONSE AGREEMENT DEPARTMENT OF NATURAL RESOURCES (DNR) NO. Enter agreement number PI: 221, 222, 223, 215 Funding Source: N/A Grant Funded: ❑ Yes N No COVID 19 Contractor Vaccination Declaration required ❑ yes ❑X No, the work performed is not subject to Proclamation Requirements. This Agreement is entered into between the state of Washington, Department of Natural Resources, Olympic Region, hereinafter referred to as "DNR", and the below named Fire Protection District/Department, hereinafter referred to as "District/Department." Port Angeles Fire Department 102 East 5t' Street Port Angeles Washington, 98362 Phone: 360-417-4651 FAX: 360-417-4659 Email: dsharp@cityofpa.us Authority: This Agreement is entered into by DNR under the authority of RCW 76.04.015, RCW 76.04.135 and RCW 76.04.610(3); and by the District/Department under the authority of RCW 52.12.031, RCW 52.12.125 and RCW 35.21.010; and DNR and District/Department in conformity with RCW 39.34, the Interlocal Cooperation Act. In consideration of the terms, conditions and covenants contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. Purpose: The purpose of this Agreement is to (1) provide for mutual assistance and cooperation in the control and suppression of forestland fire and therefore to contract for the District/Department to provide fire protection services to an area within the jurisdiction of DNR and located in, or adjacent to, the District/Department and to contract for the DNR to assist in fire protection services on forestland within District/Department Agreement No. Enter agreement number Page 1 of 13 Form update date: 22.07.20 FINAL May 16, 2023 E - 26 jurisdiction; and (2) dispatch and pay for fire service resources outside the fire service District/Department jurisdictional boundaries. 2. Scope: This Agreement pertains to forestland fire incidents within or adjacent to the District/Department boundaries and to District/Department resources ordered through the DNR Region or Division for dispatch outside of District/Department boundaries for support provided by DNR as outlined in Attachment A — Operational Guidelines for Resources ordered through the DNR Region or Division for dispatch outside of District/Department boundaries. 3. Term. The term of this agreement is June 1st, 2023, or date of execution, whichever is later, through December 311t 2023. 4. Jurisdictional Responsibility: Within or adjacent to the District/Department boundaries, the statutory jurisdictional responsibility for fire control on forestland varies. It may be: (1) Sole DNR Jurisdiction: Land subject to Forest Fire Protection Assessment and District/Department is NOT collecting fire protection levy (2) Sole District/Department Jurisdiction: Land subject to District/Department fire protection levy and not subject to Forest Fire Protection Assessment. (3) Joint Jurisdiction: Land subject to Forest Fire Protection Assessment and the District/Department is collecting fire protection levy. 5. Mutual Aid Fire Incident Response: (1) Sole DNR Jurisdiction: In the event of a fire emergency in a sole DNR jurisdiction area, the DNR will respond. The District/Department may respond to provide immediate control action, minimize fire loss, and thereby indirectly protect its own jurisdiction area. DNR may request response from the District/Department to gain timely initial attack and control action, or to supplement DNR resources. (2) Sole District/Department Jurisdiction: In the event of a fire emergency in a sole District/Department jurisdiction area, the District/Department will respond. DNR may respond to provide immediate control action, minimize fire loss, and thereby indirectly protect its own jurisdiction area. The District/Department may request that DNR provide supplemental resources for fire emergency operations and support. (3) Joint Jurisdiction: In the event of a fire emergency in a joint jurisdiction area, both DNR and the District/Department will respond, subject to the availability of resources. 6. Off -Season Incidents: For this Agreement, no incident will be considered off-season. Fire season will be January 1-December 31 each year. 7. Command: Agreement No. Enter agreement number Page 2 of 13 Form update date: 22.07.20 FINAL May 16, 2023 E - 27 (1) Sole DNR Jurisdiction Incidents: When the District/Department is the first arriving agency, the District/Department on -site initial responders shall establish command until released by a representative of DNR. (2) Sole District/Department Jurisdictional Incidents: When DNR is the first arriving agency, the DNR on -site initial responders shall establish command until released by a representative of the District/Department. (3) Joint Jurisdiction Incidents: The first arriving agency initial responders shall establish command and, upon the arrival of the other agency, unified command will be established and used for incident management. 8. Fire Control and Suppression Definitions: (1) Forestland: As the term is defined by RCW 76.04.005. (2) Ordering: Prior to the arrival of DNR at the incident, the initial attack incident commander may order special resources through DNR. That decision shall be documented and payment authorized (see Section 11 and 12 of this Agreement) by DNR prior to the mobilization of special resources. (3) Special Resources: Air resources, dozers, heavy equipment, or other resources deemed necessary to contain and control the fire. 9. Operation Guidelines: (1) Forestland Response: Representatives of the District/Department and DNR may mutually develop operation guidelines that provide principles, direction and guidance for the conduct of fire control operations related to forest land response. The operation guidelines shall be reviewed at least annually, and revised as necessary to achieve cooperation and understanding. (2) DNR Dispatch: See Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department jurisdictional boundaries; which is incorporated by reference herein. 10. Fire Investigation: The District/Department and DNR agree to protect the origin area of any fire to the best of its ability. Fires will be jointly investigated when an incident originated in a joint jurisdiction area. A DNR fire investigator may investigate fires originating on, spreading to or threatening land subject to Forest Fire Protection Assessment (i.e., sole DNR or joint jurisdiction areas). 11. Costs: (1) Charges Not Required: One purpose of this Agreement is mutual assistance and cooperation in the control and suppression of fires (see Section 1 - Purpose). In most instances, resource costs will not be charged to the other parry. However, there may be circumstances or conditions where the District/Department or DNR desires Agreement No. Enter agreement number Page 3 of 13 Form update date: 22.07.20 FINAL May 16, 2023 E - 28 or is required to charge, or request reimbursement, for resource costs as described in Subsections (2), (3), (4), and (5) below. (2) Sole DNR Jurisdiction: If the District/Department responds, DNR will pay for District/Department personnel and equipment costs outside of mutual aid unless otherwise negotiated. (3) Sole District/Department Jurisdiction: If DNR responds, the District/Department will pay for DNR personnel and equipment costs outside of mutual aid unless otherwise negotiated. (4) Joint Jurisdiction: Initial attack through complete extinguishment of the fire, each party will pay its own costs. (5) DNR Dispatch: If District/Department personnel is dispatched by DNR outside of District/Department jurisdictional boundaries, DNR will pay for District/Department personnel and equipment costs. 12. Cost Reimbursement Procedures: (1) Forestland Response: Provisions within this Agreement for reimbursement of costs related to forest land response are subject to the following conditions: (a) Notice: Prior to costs being incurred as allowed by this Agreement (other than DNR Dispatch), notice of such expenditure must be given to DNR of the requesting agency prior to the expenditure or commitment of funds. (b) Invoice: Any resource provider costs, which are to be billed, must be invoiced within sixty (60) business days of the last date of incurred expense for the incident. (2) DNR Dispatch: Provisions within this Agreement for reimbursement of costs related to DNR dispatch are outlined in Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department jurisdictional boundaries; which is incorporated by reference herein. 13. Cost Reimbursement Rates: (1) Forestland Response: (a) Equipment costs shall be paid to the resource provider at the DNR Wage and Equipment Rates or as otherwise agreed to in writing by the respective authorized agency representatives. (b) Career/permanent and seasonal personnel costs will be reimbursed to the resource provider at the resource provider's actual total cost. This will include backfill costs as outlined in the State Mobilization Plan. Agreement No. Enter agreement number Page 4 of 13 Form update date: 22.07.20 FINAL May 16, 2023 E - 29 (2) DNR Dispatch: Cost reimbursement rates related to DNR dispatch are outlined in Attachment A - Operation Guidelines for resources ordered through the DNR Region or Division for dispatch outside of the District/Department boundaries. 14. Insurance: DNR is an agency of the state of Washington and is therefore self -insured under the State's Self -Insurance Liability Program. The District/Department shall, at all times during the term of this Agreement at its sole cost and expense, buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the Agreement at DNR's option. If the District/Department is self -insured, evidence of its status as self -insured will be provided to DNR, and if deemed acceptable by DNR, shall satisfy the insurance requirements specified by this Section. The limits of insurance to be bought and maintained by the District/Department shall not be less than as follows: Minimum Coverage Requirements: These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these minimum limits of coverage does not relieve the District/Department from liability for losses and settlement expenses greater than these amounts. DNR shall not be charged for the cost for insurance coverage(s). District/Department is required to purchase insurance for a period of 36 months after completion of this Agreement. This requirement may be satisfied by the continuous purchase of an extended agreement. This requirement may be satisfied by the continuous purchase of an extended reporting period. During the term of the Agreement, District/Department must purchase and maintain the insurance coverage and limits specified below: (1) Commercial General Liability (CGL) Insurance or District/Department Equivalent. District/Department must purchase and maintain CGL on an Insurance Services Office (ISO) form CG 00 01 or equivalent form, covering liability arising from premises, operations, independent contractors, personal injury, products - completed operations, and liability assumed under an insured contract. Such insurance must be provided on an occurrence basis. If insurance is written on a "claims made" basis, the policy shall provide full coverage for prior acts or include a retroactive date that precedes the effective date of this Agreement. Insurance must include liability coverage with limits not less than those specified below: Description Dollar Amount General Aggregate Limit $2,000,000 (Other than products -completed operations) Each Occurrence Limit $2,000,000 (2) Employer's liability ("Stop Gap") Insurance: District/Department shall purchase and maintain employer's liability insurance and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease. (3) Business Auto Policy (BAP) Insurance: If activities pursuant to this Agreement involve the use of vehicles, to include FEPP vehicles, the District/Department must purchase and maintain a BAP on an Insurance Services Office (ISO) form CA 00 Agreement No. Enter agreement number Page 5 of 13 Form update date: 22.07.20 FINAL May 16, 2023 E - 30 01 or equivalent form. The Description of Covered Autos must include one or more of the following: a. "Any Auto" (Symbol 1). b. If District/Department-owned personal vehicles are used, the BAP must cover "Owned Autos Only" (Symbol 2). c. If District/Department hires autos, the BAP must cover "Hired Autos Only" (Symbol 8). d. If District/Department employee's vehicles are used, the BAP must cover "Non - Owned Autos Only" (Symbol 9). Such insurance must be provided on an occurrence basis. The BAP insurance must include liability coverage with limits not less than those specified below. The District/Department is responsible for any deductible. Description Each Accident Bodily Injury and Property Damage $1,000,000 (4) Workers Compensation Insurance or Equivalent: The District/Department shall comply with all state of Washington workers compensation statutes and regulations. Coverage shall be provided for all employees and volunteers of the District/Department and shall include bodily injury (including death) that arises out of or in connection with the performance of this Agreement. 15. Service Limitations. The responses and fire suppression services provided for under this Agreement are intended to be rendered on the same basis as such services are rendered to other areas within the District/Department or DNR jurisdictions and neither party assumes liability for failure to provide services by reason of any circumstances beyond the party's control. In the event of simultaneous fires or medical aid calls within the areas covered by this Agreement whereby facilities of either party are taxed beyond the parry's ability to render equal protection, the officers and agents of the party shall have sole discretion as to which call shall be answered first. The responding party shall have sole discretion to determine the manner and method of responding to and handling emergencies under this Agreement consistent with Section 7 - Command of this Agreement. 16. Benefits. This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits, direct or implied, on any third persons. 17. Renegotiation and Modification: The terms and conditions of this Agreement may be renegotiated at the request of either Party between January 1 and March 1 of any year. Any modification or amendment of this Agreement must be in writing and must be signed by duly authorized agents of the Parties. 18. Assignment and Delegation: This Agreement, or any right or interest therein, may not be assigned or otherwise transferred by either Party without the prior written consent of the other Party. Any attempted assignment shall be void unless made in strict conformity with this section. Agreement No. Enter agreement number Page 6 of 13 Form update date: 22.07.20 FINAL May 16, 2023 E - 31 Either Party may perform its duty through a delegate or agent, but shall not be thereby relieved of any duty to perform or any liability for breach of this Agreement. 19. Remedies: Any remedy exercised by either Party shall not be deemed exclusive and either Party may pursue any and all other remedies available to it under the law. 20. Compliance with Laws: Parties shall comply with all applicable federal, state, and local laws, rules and regulations that govern each component of this Agreement. 21. Non —Waiver: Waiver by either Party of strict performance of any provision of this Agreement shall not act as a waiver of the right of the other Parry to require future strict performance of the same provision or any other provision. 22 Harassment: Per RCW 43.01.135, Sexual harassment in the workplace, Agency Contractors hereby have access to DNR Policy POO1-007 Harassment Prevention: https://www.dnr.wa.goy/publications/em_PO01-007_harassment prevention.pdf 24. Interpretation and Venue: This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington. The venue of any action brought under this Agreement shall be in the Superior Court of Thurston County. 25. Severability: If any provision of this Agreement is held to be invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision(s), and to this end the provisions of this Agreement are declared severable. 26. Termination: This Agreement may be terminated by either Party by the provision of ninety (90) days written notice, provided that neither Party may terminate this Agreement at any time between April 15 and October 15 of any year due to the fire danger during this period. 27. Agreement Managers: DNR AGREEMENT MANAGER Name: Title: Address: City/State/Zip: Phone: Email: DISTRICT/DEPARTMENT AGREEMENT MANAGER Name: Derrell Sharp Title: Fire Chief Address: 102 East 5' Street City/State/Zip: Port Angeles Washington Phone: 360-417-4651 Email: dsharp@cityofpa.us Agreement No. Enter agreement number Page 7 of 13 Form update date: 22.07.20 FINAL E-32 May 16, 2023 This Agreement supersedes all previous agreements. By signature below, the Agencies certify that the individuals listed in this document, as representatives of the Agencies, are authorized to act in their respective areas for matters related to this instrument. IN WITNESS WHEREOF, the parties have executed this Agreement. DISTRICT/DEPARTMENT STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Signature Date Printed Name Title DISTRICT/DEPARTMENT Signature Date Printed Name Title DISTRICT/DEPARTMENT Signature Date Printed Name Title DISTRICT/DEPARTMENT Signature Date Printed Name Title Agreement No. Enter agreement number May 16, 2023 Signature Date Printed Name Title Page 8 of 13 Form update date: 22.07.20 FINAL E-33 Attachment A Operation Guidelines Resources ordered through the DNR Region or Division for Dispatch outside of District/Department jurisdictional boundaries Department of Natural Resources (DNR) agrees to dispatch District/Department resources to incidents outside of the Districts/Department jurisdictional boundaries as needed to meet DNR responsibilities and as approved by the District/Department. Dispatches can include out of the state of Washington. Participation by a District/Department with incidents outside its jurisdiction is voluntary and separate from involvement in State Fire Mobilization. This Agreement extends to all District/Department members: ■ Washington Fire Service (WFS) paid members which District/Department allow to participate will be paid by the District/Department. DNR will reimburse district/department costs as outlined in this agreement Members of Washington Fire Service who are volunteers will need to be hired by the DNR via the DNR casual hire process and paid directly by DNR. This may be completed pre -season or at the time of the incident. Your local DNR Region office will handle the casual hire process. District/Department agrees: 1) All personnel dispatched outside of their jurisdictional boundaries will have a valid Incident Qualification Card (red card) stating current qualifications; and will adhere to qualifications and standards described in NWCG PMS 310-1; 2) To keep equipment and personnel status current in the Interagency Resource Ordering Capability (IROC) by selecting option a. or b. below. List available resources on the following resource list addendum. (Check one): a. ❑ With DNR Region approval, DNR Region will give Web -Status rights to IROC for district employees. It is the employee's responsibility to ensure that their status is accurate. b. ® DNR Region will status your employees. For this option, you would need to provide your local DNR Region Dispatch with the status of your employees every Monday by 1200 hours. Dispatch would then update their status in IROC for that week (0800 Tuesday to 0800 Tuesday). For dispatches outside of the DNR region, approval from DNR host region fire staff is required. Host region fire staff will coordinate with Wildland Fire Management Division in order to ensure statewide readiness. 3) To notify your local DNR Region of any changes in status of personnel/equipment (i.e.; dispatched/demobilized under State Fire Mobilization, demobilization & ETA home from incidents dispatched thru DNR, etc.); 4) All personnel and equipment dispatched will be paid by the District/Department; (except volunteers will follow payment procedures outlined in their individual agreement and be paid directly by DNR); Agreement No. Enter agreement number Page 9 of 13 Form update date: 22.07.20 FINAL May 16, 2023 E - 34 5) All Equipment and Personnel dispatched under this agreement will arrive at each incident with a copy of their current Forestland Response Agreement. 6) Invoice for personnel and equipment costs billed to DNR will include: a. Original Emergency Fire Time Report (OF-288); hourly wage rate (regular and OT) for personnel hours on the OF-288. This applies to paid district/department staff. Volunteers will be paid directly by DNR. b. Original shift ticket (OF-286) documenting mileage to/from incident as well as mileage incurred on the incident signed by the incident supervisor. c. Copy of Resource Order card. 7) Invoices requesting payment for equipment (engines/tenders) will be submitted to DNR within sixty (60) business days of the last date of the incurred expense for the incident and shall include Original Emergency Equipment Use Invoice Form (OF-286) and shift tickets (OF-297); and 8) Invoices requesting payment for other travel costs (meals, lodging not provided by the incident) must be submitted to DNR within sixty (60) business days of the last date of the incurred expense for the incident. 9) Only utilize agency owned vehicles or procured rental vehicles on the fireline or off -road. DNR agrees to: 1) Assist the District/Department with updating status of IMT members in IROC; 2) Maintain IQS records for District/Department personnel with NWCG PMS 310-1 wildland fire qualifications, if red carded through the DNR; 3) Reimburse District/Department within 30 days of invoice receipt and documentation as required above; 4) Reimburse the Fire Service District/Department at the Total Cost of personnel. This includes, regular time, overtime, and District/Department backfill for that position as outlined in the State Mobilization Plan. The DNR will not pay for muster time, wildland premium pay, or other unspecified pay provisions. Rental vehicles must be procured consistent with the National Emergency Rental Vehicle Blanket Purchase Agreement (NERV). Rental vehicle authorization must be documented on the resource order. Please speak with your local DNR Region for more specific information. Agreement No. Enter agreement number Page 10 of 13 Form update date: 22.07.20 FINAL E-35 May 16, 2023 DISTRICT/DEPARMENT RESOURCE LIST OVERHEAD AND EQUIPMENT ADDENDUM DNR will dispatch and process invoices for the following fire district members and equipment when dispatched by DNR outside of their fire district. Overhead Resources Name Career or Volunteer Backfill Required Position/Qualifications Team Affiliation or Single Resource 1 Derrell Sharp Career No Division Supervisor WWIMT3 2 Joel McKeen Career No Firefighter 1 Single Resource 3 Andrew Cooper Career Yes Firefighter 2 Single Resource 4 Mike Ingraham Career Yes Firefighter 2 Single Resource 5 Cameron Kauten Career Yes Firefighter 2 Single Resource 6 Tyler Carlson Career Yes Firefighter 2 Single Resource 7 Ethan Grossell Career Yes Firefighter 2 Single Resource 8 Malachi Delano Career Yes Firefighter 2 Single Resource 9 Samantha Harik Career Yes Firefighter 2 Single Resource 10 Kelly Ziegler Career Yes Firefighter 2 Single Resource 11 Tyler Gage Career Yes Firefighter 2 Single Resource 12 Ryan Gonzales Career Yes Firefighter 2 Single Resource 13 Paul Johnston Career Yes Firefighter 2 Single Resource 14 Bruce Symonds Career Yes Firefighter 2 Single Resource 15 Elizabeth Hagaman Career Yes Firefighter 2 Single Resource 16 Jesse Banning Career Yes Firefighter 2 Single Resource 17 Ryan McGanney Career Yes Firefighter 2 Single Resource 18 Travis McFarland Career Yes Firefighter 2 Single Resource 19 Daniel Montana Career Yes Firefighter 2 Single Resource 20 Tyler Jacobson Career Yes Firefighter 2 Single Resource 21 Cory Mintz Career Yes Firefighter 2 Single Resource 22 Catherine Butscher Career Yes Firefighter 2 Single Resource Agreement No. Enter agreement number Page 11 of 13 Form update date: 22.07.20 FINAL E-36 May 16, 2023 23 Adam DeFilippo Career Yes Firefighter 2 Single Resource 24 Ben Clark Career Yes Firefighter 2 Single Resource 25 Matthew Elliott Career Yes Firefighter 2 Single Resource Agreement No. Enter agreement number Page 12 of 13 Form update date: 22.07.20 FINAL E-37 May 16, 2023 DISTRICT/DEPARMENT RESOURCE LIST OVERHEAD AND EQUIPMENT ADDENDUM DNR will dispatch and process invoices for the following fire district members and equipment when dispatched by DNR outside of their fire district. Equipment Resources Rate / Negotiated Rate* 1 Derrell Sharp Division Supervisor 2 Engine 11 Type 1 3 Engine 12 Type 1 4 Rescue 11 Type 3 5 Medic 11 Type 3 Ambulance 6 Medic 12 Type 3 Ambulance 7 Medic 13 Type 3 Ambulance 8 9 10 * The negotiated rate must be agreed upon between the signing parties prior to dispatch. CONTACT INFORMATION: Assistant Chief of Operations — Joel McKeen 102 East 5th Street Port Angeles Wa. 98362 360-417-4652 jmckeen(kcityofpa.us Assistant Chief Fire Marshal — Mike Sanders 102 East 5th Street Port Angeles Wa. 98362 360-417-4653 msanders@citfpa.us Fire Chief — Derrell Sharp 102 East 5' Street Port Angeles Wa. 98362 360-417-4651 dshgMkcityfpa.us Agreement No. Enter agreement number Page 13 of 13 Form update date: 22.07.20 FINAL E-38 May 16, 2023 iMPOR-T-ANGELES CITY COUNCIL W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Authorize a Settlement Agreement on MEC-2021-29 — Transformer Purchase Summary: In November of 2021, the City entered into a contract with WEG Transformers USA of Washington, MO for the purchase of Pad Mount Transformers for a firm price. In March of 2023, WEG claimed that unforeseeable circumstances from COVID-19 and resulting supply chain issues gave it legal grounds to demand additional consideration. City staff recommends a settlement with WEG that will ensure delivery of the transformers and is preferable to termination of the contract. The attached settlement agreement will allow the City to receive the transformers in the next few weeks. Funding: Funding is available in the approved 2023 Electric Utility Material Inventory budget (401- 0000-141.44-00). Recommendation: 1) Authorize the City Manager to approve the settlement agreement with WEG for the additional amount of $7,565.84, plus sales tax, and 2) sign all documents necessary to execute and administer the attached settlement agreement. Background / Analysis: The City needs to replenish the Light Operations Division's transformer inventory. The transformers will be used in ongoing work, including installing new transformers and replacing existing transformers that cannot be met through reuse and refurbishment of existing units returned from the field. Prior to COVID-19, lead time on the purchase of transformers could be expected at 8-12 weeks for pole mounted transformers, and 16-20 weeks for pad mounted transformers. Now, lead times are quoted at 72 to 100+ weeks. The quoted prices are three to five times the expected cost on each line -item, and manufacturers are requiring acceptance of terms where the price, at the manufacture's sole option, can be escalated at any time. On November 11, 2021, WEG and the City entered into City Public Works Purchase Contract MEC- 2021-29 for the purchase of Pad Mount Transformers for a firm price. In March of 2023, WEG claimed that it was not bound by the contract price due to unforeseeable changes in circumstances due to COVID- 19 and resulting supply chain issues, but at the same time, it offered to perform and deliver the order for an additional 9.6%. The City's legal team and professional staff evaluated and weighed the costs and consequences of rejecting the price increase and terminating the contract versus accepting the cost increase and receiving the transformers within the next few weeks. Staff concluded it was preferable to accept the cost increase and receive the order within the next few weeks. This settlement agreement, as drawn up by the legal team, will allow the City to pay the new price and receive the order of transformers. May 16, 2023 E - 39 We request the Council to authorize the City Manager to approve the settlement agreement with WEG for the additional amount of $7,565.84, plus sales tax, and to sign all documents necessary to execute and administer the settlement agreement attached to this memo. Funding Overview: Funding is available in the approved 2023 Electric Utility Material Inventory budget (401-0000-141.44-00). Once installed, the items will be expensed to the Supplies and Inventory budget (401-7180-533.34-02). Attachment: WEG Settlement Agreement May 16, 2023 E - 40 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims, (hereinafter collectively referred to as "Agreement"), is made and entered into by and among WEG Transformers USA, LLC (hereinafter "WEG"), and the City of Port Angeles (hereinafter "City") who are collectively referred to as the "Parties" to this Agreement. RECITALS A. In September of 2021, the City solicited bids for the purchase of Pad Mount Transformers for the City Public Works and Utilities Department. B. In October of 2021, WEG submitted a response to the City's bid solicitation, offering to sell the City Pad Mount Transformers for the amount of $78,313.00 C. On November 8, 2021 WEG and the City entered into City Public Works Purchase Contract MEC-2021-29 (hereinafter "Contract") for the purchase of Pad Mount Transformers. D. Per the "General Conditions" included in WEG's bid, which were expressly adopted and made part of the Contract, the quoted price of $78,313.00 was to be valid from "10/7/2021 through 2/9/2022" and "firm for the duration of the contract." E. On November 11, 2021, the City placed Purchase Order No. 060856 with WEG for the purchase of Pad Mounted Transformers in the amount of $78,313.16. F. In March of 2023, WEG claimed that it was not bound by the contract price due to unforeseeable changes in circumstances resulting from COVID and the resulting supply chain issues. The City disputes that claim. G. The Parties recognize that each Party may have claims and defenses under state and federal law relating to the final amount due under the Contract. SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 1 May 16, 2023 E - 41 H.. To avoid litigation, the Parties agree to settle, waive, and release all potential claims and defenses which may now, or forever after, arise or exist. I. The consideration for the settlement is that WEG will deliver the transformers subject to Purchase Order No. 060856 and the City will pay WEG total amount of $85,879.00 (the original quoted amount of $78,313.16 plus an additional amount of $7,565.84). NOW, THEREFORE, the Parties agree and covenant as follows: IN CONSIDERATION of the mutual promises, covenants and undertakings set forth in this Agreement, the Parties agree to the following terms and conditions: 1. NO ADMISSION OF LIABILITY. This Agreement and the settlement payment made herein are not to be construed or represented as an admission of liability or wrongdoing on the part of the Parties hereby released, and that said Parties deny liability for any potential claim. 2. SETTLEMENT PAYMENT. The Parties agree that payment will be made to WEG in the amount of Eighty Five Thousand Eight Hundred Seventy Nine and 00/100 dollars ($85,879.00) (hereinafter referred to as "Settlement Funds"), which shall include the original quoted price of $78,313.16 plus the escalated cost of $7,5665.84, in consideration of the promises contained herein. Payment shall be made thirty (30) days after the City receives WEG's authorized representative's signature on this Agreement. 3. TAX OBLIGATIONS. WEG assumes any and all tax obligations that may be imposed now or at any future time resulting from payment of the Settlement Funds. 4. FULL PERFORMANCE. WEG agrees that all Pad Mounted Transformers ordered by the City via Purchase Order 060856 shall be delivered as ordered [when and how] and that WEG will not request any additional compensation. SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 2 May 16, 2023 E - 42 5. RELEASE OF ALL CLAIMS AND HOLD HARMLESS AGREEMENT. WEG, for the sole consideration of Eighty Five Thousand Eight Hundred Seventy Nine and 00/100 dollars ($85,879.00) and in consideration of the performance of this Agreement, on behalf of WEG, its heirs, executors, administrators, successors and assigns, does hereby forever release, acquit and discharge the City of Port Angeles, a municipal corporation, its officers, and employees, from any and all claims, actions, grievances, and causes of action, which WEG now has or which it could have brought or initiated on account of or in any way arising or growing out of City Public Works Purchase Contract MEC-2021-29, entered into with the City of Port Angeles. WEG has agreed to the settlement on its own free act. This release includes, but is not limited to, any and all claims asserted or that could have been asserted by WEG, and any and all federal, state or local claims, whether known or unknown, that were asserted or that could have been asserted by WEG in any federal, state or local court, commission, department, or agency against the City or its employees. 6. VOLUNTARY EXECUTION. In executing this Agreement, the Parties acknowledge that they have, or voluntarily, knowingly and intelligently decline to, consult with their duly licensed and competent attorneys, and that they have executed this Agreement after independent investigation, voluntarily without fraud, duress or undue influence, and they exclusively consent that this Agreement be given full force and effect according to each and every one of its express terms and provisions. 7. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the Parties and supersedes any prior understandings and agreements between the Parties with respect to the subject matter hereof. There are no other representations, agreements, SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 3 May 16, 2023 E - 43 arrangements or understandings, verbal or written, between and among the Parties relating to the subject matter of this Agreement. 8. BINDING NATURE OF AGREEMENT. Except as otherwise herein provided, this Agreement shall be binding upon and inure to the benefit of the Parties, their successors, heirs and assigns. 9. APPLICABLE LAW. This Agreement shall be construed and interpreted under the laws of the State of Washington. 10. AUTHORITY TO SIGN. Each of the Parties signing hereto warrants that it has the full authority to sign this Agreement binding themselves, or the governmental entity upon and on behalf of said individual who is signing. I, , CERTIFY THAT I HAVE REVIEWED THIS SETTLEMENT AGREEMENT AND RELEASE, THAT I UNDERSTAND IT, AND THAT I AGREE TO BE LEGALLY BOUND BY ALL ITS TERMS. Dated: WEG Transformers USA, LLC I, NATHAN A. WEST, ON BEHALF OF THE CITY OF PORT ANGELES, CERTIFY THAT I HAVE REVIEWED THIS AGREEMENT, THAT I UNDERSTAND IT, AND THAT I AGREE, ON BEHALF OF THE CITY OF PORT ANGELES TO BE LEGALLY BOUND BY ALL ITS TERMS. SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 4 May 16, 2023 E - 44 Dated: ATTEST: By: City Clerk NATHAN A. WEST, City Manager City of Port Angeles APPROVED AS TO FORM: City Attorney SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS - 5 May 16, 2023 E - 45 IQ P Q R TANGELES CITY COUNCIL W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Brian S. Smith, Police Chief Subject: City and Port of Port Angeles Interlocal Agreement Summary: The Port Angeles Municipal Code includes parking regulations for the Port of Port Angeles. Designating Port personnel to enforce those parking regulations on Port property is convenient and consistent with the reasoning behind the creation of the special parking regulations for the Port. More effective enforcement of the parking regulations on Port property will improve compliance in general and benefit both the Port and the City. Funding: All revenue received from parking infractions would be remitted to the City. Recommendation: 1) Approve the interlocal agreement between the City of Port Angeles and the Port of Port Angeles for the issuance of limited authority commissions for the purpose of parking infraction enforcement by designated Port personnel on Port property and 2) authorize the City Manager and Police Chief to sign and implement the agreement and make minor modifications, as necessary. Background / Analysis: Chapter 10 of the Port Angeles Municipal Code has a section (10.08.020) dedicated to parking enforcement on Port of Port Angeles property. Port and City staff have proposed the attached interlocal agreement that would allow for issuance by the Police Chief of "Limited Police Commissions" to designated Port Security staff for the sole purpose of enforcing the Port Angeles Municipal Code Section 10.08.020 (parking infractions on Port property). This enforcement would include the issuance of parking infraction citations by designated and commissioned Port Security personnel. Under the Revised Code of Washington, the Police Chief has the authority to issue limited authority commissions for specific purposes. The Police Department has limited resources and does not have the staff to effectively enforce parking regulations on Port property. We believe we can best assist Port personnel in a joint parking enforcement endeavor. Key areas of concern for the Port include the Boat Haven Marina and the William R. Fairchild Airport. An interlocal agreement between the City and the Port is a best practice and will be followed up with training by Port Angeles Police Department Code Enforcement and Records staff to designated Port personnel. Designated port security personnel with a limited Port Angeles Police Department commission will have the authority to enforce the Port parking section of Chapter 10 in the Port Angeles Police Department. This will include asking for voluntary compliance and / or issuing a parking infraction citation. Port Angeles Police Department Code Enforcement and Records staff will work with Port staff on training and will establish a procedure memorandum to memorialize the process. Funding: The fines for the parking infractions range from $10.00 for "Permit Only Zone," $25.00 for "Overtime Parking," $40.00 for "No Parking Zone," and $250.00 for "Violation of Handicap Zone." Attachments: Port Angeles Municipal Code parking regulations for the Port of Port Angeles. Interlocal Agreement between the Port of Port Angeles and the City of Port Angeles. May 16, 2023 E - 46 Port Angeles Municipal Code, 10.08.020 - Parking regulations for the Port of Port Angeles. A. The Executive Director of the Port of Port Angeles shall designate areas in which parking is allowed, freely or by authorization, or not allowed, by appropriate markings on the ground and/or signs posted on or about the areas, clearly giving notice thereof. B. No parking or stopping of vehicles shall be allowed in roadways or areas designated for access, except in the areas designated for loading and/or unloading freight, boats and/or passengers. C. Vehicle parking without a permit shall be allowed in all designated parking areas unless clearly marked as restricted parking areas. Restricted areas shall include, but are not limited to, areas marked "PERMIT PARKING ONLY", "PORT OF PORT ANGELES VEHICLES ONLY", "LOAD -UNLOAD ONLY", "DISABLED PARKING ONLY", or such other areas as the executive director of the Port of Port Angeles may determine. D. Vehicles authorized to park in restricted areas are as follows: 1.Port of Port Angeles vehicles. Port -owned vehicles with insignias; 2. Load/unload only. Trucks, licensed commercial vehicles, and attended vehicles loading and/or unloading freight, boats, and/or passengers, for a reasonable period of time necessary to accomplish the loading and/or unloading, but in no event over 15 minutes; 3. Permit parking only. Vehicles which clearly display parking permits obtained from an employee of the Port authorized to issue such permits. Such permits shall be as follows: a. Permanent numbered parking permits clearly attached to the front window or bumper; b. Temporary parking permits clearly displayed face upwards on the dash board or other area of the car thereabouts; 4. Disabled parking only. Vehicles which clearly display, attached to the back window, windshield or bumper, disabled parking permits issued by a state, county, city, or other local government, or an employee of the Port authorized to issue disabled parking permits. 5. Other restricted parking. The executive director of the Port of Port Angeles may designate other restrictions on parking, including but not limited to the following: employee parking only, rental car parking only, no overnight camping, and attached boat trailers only. E. The Executive Director of the Port of Port Angeles shall determine procedures for issuing parking permits, including types and forms of permits, fees for obtaining permits, employees authorized to issue permits, locations for the issuance of permits, or any other rules reasonably necessary to issue permits in a fair and reasonably efficient manner. (Ord. 2194 § 2, 1 /31 / 1982) May 16, 2023 E - 47 INTERLOCAL AGREEMENT BETWEEN THE PORT OF PORT ANGELES AND THE CITY OF PORT ANGELES REGARDING COMMUNITY SERVICE OFFICERS This Interlocal Agreement ("ILA") is entered into, by and between the City of Port Angeles, a non -charter code city of Washington state ("City") and the Port of Port Angeles ("Port"), a Washington state public port district, also referred to collectively as the "Parties" and individually as a "Party", pursuant Chapter 39.34 Revised Code of Washington ("RCW"). Whereas, RCW 39.34.010 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other public entities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities; and Whereas, pursuant to RCW 39.34.080, each entity is authorized to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: provided, that such contract shall be authorized by the governing body of each entity to the contract and shall set forth its purposes, powers, rights, objectives and responsibilities of the contracting entities; and Whereas, the City maintains a duly formed police department, managed by the City's appointed Police Chief; and Whereas, the City's appointed Police Chief has the authority to appoint Limited Police Commissions ("Community Service Officers"), not commissioned as law enforcement officers or police officers, and who may be assigned such civil and support duties as shall be determined by the Chief of Police; and Whereas, the Revised Code of Washington allows under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency to contract with the state's political subdivisions, which includes the Port, to provide law enforcement assistance, and allows that the agency with primary territorial jurisdiction may require that officers from participating agencies meet reasonable training or certification standards or other reasonable standards. RCW 10.93.130. Whereas, Port Angeles Municipal Code, Chapter 10.08 authorizes the Executive Director of the Port of Port Angeles to adopt and execute traffic and parking regulations on Port of Port Angeles properties. City - PORT Community Service Officer ILA 2023 Page 9 May 16, 2023 E - 48 Whereas, the Port seeks the services of limited commission Community Service Officers as authorized by RCW 7.80.040 to perform the duties of issuing civil infraction for parking violations on Port property, Whereas, the Parties desire that such Community Service Officers be employees of the Port and not the City, and NOW, THEREFORE, in consideration of the mutual promises contained herein, the City and the Port agree as follows: Purpose/Objective This ILA memorializes the Parties' agreement for the appointment of one or more Port employees to receive a Limited Commission from the City's Police Chief ("Appointment"), and the allocation of roles, responsibilities, and costs associated with said Appointment. Additional Appointment details are as described below. II. Appointment and Scope: Based on the above -cited authority vested in the City's Chief of Police, the Port employee(s) named on one or more Exhibit A(s) attached hereto are granted a Limited Police Commission as a Community Services Officer to enforce all parts of the City of Port Angeles Municipal Code Chapter 10.08 and all provisions of the Revised Code of Washington or administrative regulations the City has adopted, or for which enforcement authority has been delegated to the City of Port Angeles, as defined herein. The Parties agree that one or more Exhibit A(s), numbered sequentially, may be attached hereto with each additional Community Service Officer appointment. A. The Port employee(s) holding this Commission are authorized to issue civil infractions as provided for by Chapter 7.80 RCW, along with such fines allowed by law. B. The Community Services Officer(s) are not authorized by this Commission to carry a firearm, nor shall the Community Services Officer have the power of arrest or to issue criminal citations. C. The Community Services Officer(s) understand and acknowledge that the authorities vested in him or her by this special deputation can only be exercised in furtherance of the mission for which her or she has been specially deputized and extend only so far as many be necessary to faithfully complete that mission. D. The jurisdiction of the Community Services Officer(s) is confined to the properties of the Port of Port Angeles. City - PORT Community Service Officer ILA 2023 -2- May 16, 2023 E - 49 III. Appointed Officers' Employment Status. The City's appointment of the Community Services Officer(s) does not constitute employment by the City of Port Angeles. The Community Services Officer(s) remain employees of the Port of Port Angeles. IV. Term of Appointment. This grant of authority is revocable at the discretion of the City's Police Chief or designated representative thereof. In addition, the grant of authority terminates at the expiration of this ILA and /or upon termination of a Community Services Officer's employment with the Port of Port Angeles. V. Funding & Revenue. All costs associated with the Community Services Officer(s) shall be borne by the Port of Port Angeles. The revenue which may be generated by infraction enforcement shall inure to the City, after such fees, costs, and assessments are deducted pursuant to RCW 46.63.110 or other Court Rule or state statute. VI. Responsibilities of Each Party. A. The City agrees to: 1. Allow its Police Chief to grant the Limited Commission(s) as described herein and to establish the reasonable training or certification standards or other reasonable standards required as a condition of Appointment. 2. Allow its Police Chief to execute one or more Exhibit A(s) as attached hereto with each additional Community Service Officer appointment. B. The Port agrees to: 1. Provide to the Community Services Officers the reasonable training or certification standards or other reasonable standards required by the City as a condition of Appointment, at the Port's sole cost. 2. Bear all costs associated with the employment, management, and oversight of the Community Services Officers. 3. Attach to this ILA one or more Exhibit A, executed by the Police Chief and the appointed Community Service Officer with each additional appointment. City - PORT Community Service Officer ILA 2023 -3- May 16, 2023 E - 50 VII. Indemnification. A. The Port agrees to defend, indemnify and hold the City, its' officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the Port's negligent actions related to the Port's use of the Community Services Officers including any claims from any third parties. B. The City agrees to defend, indemnify and hold the Port, its' officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the City's negligent actions related to the Appointment and use of the Community Services Officers, except to the extent such claims are attributed to the Port's negligence. C. Each Party specifically assumes liability for actions brought by its own employees against the other Party and for that purpose each Party specifically waives, as respects the other parties only, any immunity under the Worker's Compensation Act, RCW 51. The Parties recognize that this waiver was the subject of mutual negotiation. In the event any Party incurs attorney's fees, costs or other legal expenses to enforce the provisions of this ILA against the other Party, all such fees, costs and expenses shall be recoverable by the prevailing Party. D. No liability shall attach to any of the Parties by reason of entering into this ILA except as expressly provided herein. E. The Parties' respective indemnification obligations contained in this Section VII survives termination of this ILA. VIII. Administration No new or separate legal or administrative entity is created to administer the provisions of this ILA. The Parties shall be jointly responsible for administering the performance herein. The Parties will not acquire any jointly owned real or personal property in connection with performance of this ILA. IX. Term of this ILA This ILA shall take effect on the date of the last authorizing signature affixed hereto and shall remain in effect for twenty-five years. Provided, this ILA may also be terminated by either Party, with or without cause, upon not less than thirty (30) day's written notice service upon the other Party. City - PORT Community Service Officer ILA 2023 - 4 - May 16, 2023 E - 51 X. Entire Agreement This ILA sets forth all terms and conditions between the City and Port with respect to the subject matter addressed herein and supersedes any and all prior agreements as to such matter, oral or otherwise. Any changes to this ILA shall be in written form, duly authorized by the respective legislative body of the Parties and signed by a duly authorized signatory of each Party. XI. Recording Prior to its entry into force, this ILA shall be filed with the Clallam County Auditor's Office or posted upon each Party's websites or other electronically retrievable public source as required by RCW 39.34.040. XII. Notice Any notice required under this ILA shall be to the Party and address listed below and shall become effective three days following the date of deposit in the United States Postal Service. CITY OF PORT ANGELES Attn: Brian S. Smith Re: Port- City Community Service Officer ILA Address: 321 East Fifth Street, Port Angeles WA 98362 Phone: (360) 417-4901 Email: bsmith@cityofpa.us PORT OF PORT ANGELES Attn: Mike Simonson Re: Port- City Community Service Officer ILA Address: 338 West First Stret, P.O. Box 1350, Port Angeles, WA 98362 Phone: (360)457-8812 Email: mikes@portofpa.com X. Interpretation and Venue This ILA shall be governed by the laws of the State of Washington as to interpretation and performance. Venue for enforcement of this ILA shall be the Superior Court of Clallam County. City - PORT Community Service Officer ILA 2023 - 5 - May 16, 2023 E - 52 XI. Legal Relations. A. Independent Governments. The Parties hereto are independent governmental entities, and nothing herein shall be construed to limit the independent government powers, authority or discretion of the governing bodies of each Party. It is understood and agreed that this ILA is solely for the benefit of the Parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this ILA. No employees or agents of any Party shall be deemed, or represent themselves to be, employees of any of the other Party. B. Legal obligations. This ILA does not relieve either Party of any obligation or responsibility imposed upon it by law. C. Timely Performance. The requirements of this ILA shall be carried out in a timely manner according to a schedule negotiated by and satisfactory to the Parties. D. Records and Audit. During the term of this ILA, and for a period not less than six (6) years from the date of termination, records and accounts pertaining to the work of this ILA and accounting therefore shall be kept by each Party and shall be available for inspection and audit by representatives of either Party and any other entity with legal entitlement to review said records. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claims, or audit finding has been resolved, even though such litigation, claim, or audit continues past the six -year (6) retention period. This provision is in addition to and is not intended to supplant, alter or amend records retention requirements established by applicable state and federal laws. E. Limits of Financial Obligations/Property Ownership. Except as provided above, each Party shall finance its own conduct of responsibilities under this ILA. No ownership of property will transfer as a result of this ILA. F. Abandonment. If the Appointment process is abandoned, then this ILA shall be of no further force or effect. G. Assignment. Neither Party to this ILA shall have the right to convey, assign, apportion or otherwise transfer any and all of its rights, obligations, conditions and interests under this ILA, without the prior written approval of the other. H. Third Party Beneficiaries. This ILA is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right or cause of action based upon any provisions of this ILA. City - PORT Community Service Officer ILA 2023 -6- May 16, 2023 E - 53 I. Equal Drafting. This ILA has been reviewed and revised by legal counsel for both parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this ILA. J. Severability. Any provision of this ILA, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity or enforcement of such provisions. K. Amendments. This ILA shall not be modified or amended in any manner except by an instrument in writing executed by the Parties. L. Authority. Each signatory to this ILA warrants that they have the requisite authority to do so and to bind their entity, including the Chief of Police. [Signatures Appear on Next Page] City - PORT Community Service Officer ILA 2023 -7- May 16, 2023 E - 54 CITY OF PORT ANGELES By: NATHAN WEST Port Angeles City Manager Date: Approved as to Form: William Bloor, City Attorney PORT OF PORT ANGELES By: GEOFF JAMES Port of Port Angeles Executive Officer Date: Approved as to Form: Carolyn Lake, Port Attorney City - PORT Community Service Officer ILA 2023 -8- May 16, 2023 E - 55 EXHIBIT A-1. Based on the above -cited authority vested in me as the City of Port Angeles Chief of Police, the following Port employee(s) are granted a Limited Police Commission as a Community Services Officer: Mike Simonson John Lowell Douglas Sandau Michael Sutherland Gerald Bouyear Michael Lucas Anders Chapman Don Carey Guy Madison Parlan Betts Buddy Bear Tom Rowan Paul Collins Dave Berson City - PORT Community Service Officer ILA 2023 IMI May 16, 2023 E - 56 GIVEN UNDER MY HAND THIS _ day of May, 2023. Brian S. Smith, Chief of Police City of Port Angeles Police Department I, , acknowledge receipt of this Limited Police Commission and agree to abide by its terms and limitations. Community Service Officer. City - PORT Community Service Officer ILA 2023 Page 9 May 16, 2023 E - 57 IQ P Q K TANGELES CITY COUNCIL W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Nathan A. West, City Manager Bill Bloor, City Attorney Abbi Fountain, Human Resources Manager Subject: City Council Compensation Summary: At the May 2, 2023, Council meeting, staff presented Council with an ordinance that would double Council's monthly compensation with a provision for an automatic set yearly increase. The ordinance also included a "per diem stipend" for travel with a caveat that the stipend could be invalidated for violating the rule that Council salaries must be a fixed amount that cannot vary during a Council member's term. Council instructed staff to set the automatic yearly increase to 2.5%, which will take effect beginning January 1, 2026. Council also instructed staff to remove the "per diem stipend". Funding: The City Council budget currently includes $56,800 for compensation. The cost to double the current monthly amounts is an annual increase of $51,800. Travel reimbursement will be included in the City Council's yearly travel and training budget. This increase will be offset through a combination of allocated costs to utilities for services provided by Council members and General Fund tax funds. Recognizing that if Council chooses to incorporate an annual increase in perpetuity, staff has provided a picture of budget impacts over time in a table attached to this memorandum. Recommendation: 1) Conduct the second reading of the ordinance and 2) take final action on the ordinance. Background / Analysis: During the March 7, 2023, City Council meeting, Council discussed options for increasing compensation for Council members elected in the future and directed staff to prepare ordinances with several options, including: • Change from a monthly fixed amount to an hourly amount. • Double the current monthly fixed amount. • Increase compensation to an equivalent amount as compared to similar size cities with Council - Manager form of government. • Option to add a travel "stipend" to any of the above options. At the April 18, 2023, meeting, staff presented Council with the requested proposed ordinances for increasing the future compensation to City Council members. Following discussion, Council instructed staff to prepare a proposed ordinance with new salaries to include: • Doubling the current monthly compensation. • A provision for an automatic set yearly increase. • A "per diem stipend" for travel of $200.00 per day. May 16, 2023 G - 1 At the May 2, 2023, meeting, staff presented the proposed ordinance with the additional information that the "per diem stipend" could be invalidated because it violates the rule that Council salaries must be a fixed amount that cannot vary during a Council member's term. Council directed staff to remove the provision for the "per diem stipend" and specified an automatic yearly salary increase of 2.5%. Attached is an ordinance for council consideration. It outlines the Council's desire to double the current monthly amounts to $1,100 for Council members, $1,200 for the Deputy Mayor, and $1,300 for the Mayor. The ordinance also includes a provision that sets a 2.5% automatic yearly increase to take effect beginning January 1, 2026. Subsequent increases will occur on January 1 of each following year. As is done with other City compensation, staff reviewed the All -City Average Consumer Price Index from 2003-2023, the average annual cost of living increase per year was approximately 2.5%. This data would suggest a yearly increase of 2.5% is similar to the 20-year average of the All -City Consumer Price Index. Additionally, the ordinance includes the ability to receive a travel reimbursement for all actual and necessary expenses incurred in the performance of their duties. These necessary expenses include costs for childcare incurred to allow performance of the member's official duties. Reimbursement for meals, miles driven, and lodging are based on the Internal Revenue Service guidelines regarding travel reimbursements. Funding Overview: The City Council budget currently includes $56,800 for compensation. The cost to double the current monthly amounts is an annual increase of $51,800. Travel per diem reimbursement will be included in the City Council's yearly travel and training budget. This increase will be offset through a combination of allocated costs to utilities for services provided by Council members and General Fund tax funds. Recognizing that if Council chooses to incorporate an annual increase in perpetuity staff has provided a picture of budget impact over time in a table attached to this memorandum. Attachments: City Council Compensation Budget Estimates Ordinance amending City Council compensation May 16, 2023 G - 2 ORDINANCE NO. AN ORDINANCE of the City of Port Angeles, Washington, establishing salaries and benefits for the City Council of the City of Port Angeles repealing Ordinance No. 3153. WHEREAS, the City of Port Angeles is classified as a non -charter code city and operates under the authority of Title 35A RCW; and WHEREAS, Article XI, Section 8 of the Washington State Constitution provides that an increase or reduction in the compensation of elected municipal officials shall not become effective during the terms of the current council members; and WHEREAS, the City Council desires to address the compensation of elected municipal officials in an orderly fashion; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2.02.020 PAMC is repealed in its entirety. Section 2. Effective January 1, 2024, a new Section 2.02.020 is adopted that will read as follows: A. Effective January 1, 2024, and for the duration of the council member's current term of office, the salary for a council member whose term of office began prior to January 1, 2024 shall remain as follows: 1. The Mayor shall receive $650.00 per month; 2. The Deputy Mayor shall receive $600.00 per month; 3. All other City Council members shall receive $550.00 per month. B. Effective January 1, 2024, the salary for a council member whose term of which office began on or after January 1, 2024, shall be as follows: 1. The Mayor shall receive $1,300.00 per month; 2. The Deputy Mayor shall receive $1,200.00 per month; 1 May 16, 2023 G - 3 3. All other City Council members shall receive $1,100.00 per month. C. Pursuant to state statute, council members have been eligible, and shall continue to be eligible, to receive reimbursement for their actual and necessary travel expenses incurred in the performance of the duties of their office. Such actual and necessary expenses include necessary costs for childcare incurred to allow travel as part of the performance of the member's official duties. D. Beginning January 1, 2026, the annual salary for City Council members shall increase by 2.5 percent, and thereafter the annual salary for Council members shall increase by that same percentage amount on January 1 of each following year. Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the day of , 2023. APPROVED AS TO FORM: William E. Bloor, City Attorney 2 Kate Dexter, Mayor May 16, 2023 G - 4 ATTEST: Kari Martinez -Bailey, City Clerk PUBLISHED: 2023 By Summary May 16, 2023 G - 5 CouncilCity • .- •Budget a 2.5% Increase Budget Yearly Amount Percentage Year Amount Chan a Change 2023 Budget $ 56,700 $ - 0.0% 2024 - Est. 89,200 32,500 57.3% 2025 - Est. 91,400 2,200 2.5% 2026 - Est. 119,100 27,700 30.3% 2027 - Est. 122,100 3,000 2.5% 2028 - Est. 125,200 3,100 2.5% 2029 - Est. 128,300 3,100 2.5% 2030 - Est. 131,500 3,200 2.5% 2031 - Est. 134,800 3,300 2.5% 2032 - Est. 138,200 3,400 2.5% 2033 - Est. 141,700 3,500 2.5% 10 Year Total Impact 85,000 149.9% 2034 - Est. 145,200 3,500 2.5% 2035 - Est. 148,800 3,600 2.5% 2036 - Est. 152,500 3,700 2.5% 2037 - Est. 156,300 3,800 2.5% 2038 - Est. 160,200 3,900 2.5% 2039 - Est. 164,200 4,000 2.5% 2040 - Est. 168,300 4,100 2.5% 2041 - Est. 172,500 4,200 2.5% 2042 - Est. 176,800 4,300 2.5% 2043 - Est. 1 181,200 1 4,400 1 2.5% 20 Year Total Impact 1 124,500 1 219.6% May 16, 2023 G - 6 iMPOR-T-ANGELES CITY COUNCIL W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Equipment Purchase — Replacement of Fire Department Vehicle #3 Summary: The Fire Department Apparatus Engine 12 (City Vehicle #3) is a 1999 Pierce Quantum Fire Engine with over 8,000 service life hours. It is necessary to replace Engine 12, as it has reached the end of its useful service life. This equipment replacement has been planned and funded and is scheduled for replacement in 2023. The Fire Department has two (2) Type 1 Fire Engine Apparatus units which are critical fire response vehicles. Funding: This vehicle purchase and replacement is identified in the 2023 budget (501-7630-594-6410) and is included in the proposed 2024-2029 Capital Facilities Plan in the amount of $985,000. Recommendation: 1) Authorize the City Manager to purchase a Type 1 Fire Department Engine with Rosenbauer South Dakota, LLC in an amount not to exceed of $899,022.00 including taxes and 2) to sign agreements associated with the purchase and make minor modifications to the purchase contract if necessary, and 3) to surplus and direct the sale of the replaced vehicle once the new vehicle is placed into service. Background / Analysis: The City Council has, in the past, authorized the replacement of critical life safety equipment upon reaching the end of lifecycle, especially when the replacement has been adequately planned and funded as it is in this case. Fire Department Engine 12 is 24 years old with over 8,000 service hours and has reached the end of its useful and reliable lifecycle. The Department has two Type 1 Fire Engines that are critical to extinguishing fires, as well as responding to various critical life safety situations. This is a planned and budgeted procurement for emergency equipment that greatly impacts the safety of the Port Angeles community. The vehicle that was selected is a 2023 Rosenburg Type 1 Fire Engine that will feature a Cummins diesel engine that meets current emission standards. It will also feature all LED lighting to reduce impact on the electrical system, disc brakes, a Power Take Off driven firefighting water pump, and multiple shelf and swing door compartments specified by the department personnel. The Rosenbauer unit represents a savings of $300,000.00 over cost quotes from Pierce, the leading competitor manufacturer for this type of apparatus. Additionally, the Rosenbauer Engine has an estimated build time of 18 months in comparison to Pierce's 36 month estimated build time. The estimated delivery date for this equipment is December 1, 2024. Through the City's membership with the Sourcewell Cooperative, General Fire Apparatus of Spokane, WA, was selected from the cooperative vendors list, Contract No. 113021-RDS to purchase a Type 1 Fire Engine from Rosenbauer South Dakota, LLC. Staff reviewed the opportunity of procuring a newly released Type 1 electric Fire Engine, the Pierce Volterra and the Rosenbauer RTX, but the unit was both cost prohibitive and has yet to achieve a span of in-service period for staff to determine overall reliability. This procurement is critical to the safety of our May 16, 2023 J - 1 community and to the response capabilities of our Fire Department. Fully designed and modified Type 1 electric Fire Engines currently have a cost base price of $1,800,000.00, plus tax and with necessary modifications this Type 1 Engine could easily reach to the $2M - $2.5M range. Funding Overview: This vehicle purchase and replacement is identified in the 2023 budget (501-7630- 594-6410) and is included in the proposed 2024-2029 Capital Facilities Plan in the amount of $985,000. New Vehicle Type Vehicle Budget Sourcewell Accessories Replacing Vehicle Bid (w/tax) 2023 Rosenbauer $985,000.00 $899,022.00 #3 1999 Pierce Quantum Fire Type 1 Fire Engine Engine Total Cost $899,022.00 May 16, 2023 J - 2 IQPMR-TANGELES CITY COUNCIL = W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Sarina Carrizosa, Finance Director Todd Weeks, IT Manager Subject: Replacement of the City's Enterprise Resource Planning System (IT0716) Summary: The City's current Enterprise Resource Planning System has been in use for 20 years. In 2019, the City's Information Technology Governance Committee ranked the replacement of this system as a top priority for City needs and staff began work to identify and negotiate a contract for Enterprise Resource Planning services. In 2021, a Request for Proposals identified three possible vendors for the replacement of this system. After extensive demonstrations from each vendor, City staff selected Tyler Technologies to fulfill the Enterprise Resource Planning needs of the City. Since that time, the Enterprise Resource Planning Steering Committee has negotiated a contract with Tyler for the replacement of this system. The Software as a Service Agreement, Statement of Work and pricing list have been attached for reference. Funding: Funding in the amount of $2,380,400.00 is available in Information Technology capital project IT0716 — Enterprise Resource Planning Road Map and Replacement for this purchase and implementation of system software. Future years will be funded through allocations for Information Technology services rendered to each department calculated during the budget process. Recommendation: 1) Authorize the City Manager to approve the five-year Software as a Service Agreement with Tyler Technologies for the replacement of the City's Enterprise System in an amount not to exceed $3,042,153.00 plus taxes, and 2) to sign all documents necessary for the execution of the agreement and to make minor modifications, as necessary. Background / Analysis: The City's Enterprise Resource Planning system provides software services that allow staff to efficiently process permits, maintain financial information such as accounts and general ledgers, process payroll, workorders, journal entries, the budget, accounts payable and receivable, bill for utility services, maintain inventory and asset management and accept payments Citywide. The current system has been in use for over 20 years and is need of replacement to provide staff and customers with a more streamlined approach to services that was not available at the time the current system was implemented in 2003. The replacement of this system was identified in 2016 and placed in the Capital Facilities Plan as an unfunded project. In 2019, the Information Technology Governance Committee identified the replacement as the highest prioritized Information Technology need and funding was identified to replace the system. An Enterprise Resource Planning Steering Committee was also created at this time to represent all departments Citywide in selection and implementation of this system. The Steering Committee's overall vision is below: "The project will provide a customer -centric, innovative, and integrated Enterprise Resource Planning system that will support the City staff in the delivery of Government financial services and activities. The goal of the project is to enhance productivity, reduce costs, eliminate May 16, 2023 J - 3 inefficiencies, and empower City staff to improve the efficiency and effectiveness of the City's customer service and business processes." In 2021, the City sent out an Request for Proposal for the replacement of this software and received responses from three vendors. After extensive demonstrations on each system staff in every department ranked Tyler Technologies as best fit for City needs. Since this time, staff have diligently been negotiating with Tyler Technologies an agreement to provide an Enterprise Resource Planning solution for the City. The Software as a Service Agreement, Statement of Work and pricing list have been included as an attachment for Council consideration. This new system will allow not only the replacement of the existing system, but it will require rebuilding existing services to allow more efficient and user-friendly options for our customers that are not currently available. Ultimately, this will provide better service to our customers and community and will include online portals where customers can setup accounts for autopay, access accounts and permits online, and provide feedback to the City through this system. In addition, staff will also need to consider securities and financial reporting requirements as defined by the Governmental Accounting Standards Board and Generally Accepted Accounting Principles during this implementation to ensure our system complies with all necessary internal controls and requirements. Once approved, implementation is expected to begin within 60 days and will occur in a phased approach. The first phase will include the financials, the second phase will implement payment options, the third phase includes Human Resource Management and Enterprise Permitting and Licensing, with the final phase including Utility Billing. Full project implementation is anticipated in late 2025. This timeline is standard for this type of project as this software is not ready to use upon installation and must be tailored extensively to work with the City's processes. This will require extensive staff time in all departments. Staff is recommending Council authorize the City Manager to sign the five-year Enterprise Resource Planning solutions agreement with Tyler Technologies. Funding Overview: Funding in the amount of $2,380,400 is available in Information Technology capital project IT0716 — Enterprise Resource Planning Road Map and Replacement for this purchase and implementation of system software. Future years will be funded through allocations for Information Technology services rendered to each department calculated during the budget process. Attachments: Software as a Service Agreement with Tyler Technologies May 16, 2023 J - 4 i ❖�t y I e r technologies SOFTWARE AS A SERVICE AGREEMENT This Software as a Service Agreement is made between Tyler Technologies, Inc. and Port Angeles, Washington. WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment Summary, including providing Client with access to Tyler's proprietary software products, and Tyler desires to provide such products and services under the terms of this Agreement; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A— DEFINITIONS • "Agreement" means this Software as a Service Agreement, including Exhibits and Schedules. • "Business Travel Policy" means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B. • "Client" means City of Port Angeles, Washington. • "Data" means your data necessary to utilize the Tyler Software. • "Data Storage Capacity" means the contracted amount of storage capacity for your Data identified in the Investment Summary. • "Defect" means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then -current Documentation. As such, Future functionality is not considered a Defect. • "Defined Users" means the number of users that are authorized to use the SaaS Services. The Defined Users for the Agreement are as identified in the Investment Summary. • "Developer" means a third party who owns the intellectual property rights to Third Party Software. • "Documentation" means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. • "Effective Date" means the date by which both your and our authorized representatives have signed the Agreement. • "Force Majeure" means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • "."Investment Summary" means the agreed upon cost proposal for the products and services attached as Exhibit A. • "Invoicing and Payment Policy" means the mutually agreed upon Invoicing and Payment Policy •.:•. tyler •• a hnologjes May 16, 2023 1 - 5 attached as Exhibit B. • "Order Form" means an ordering document that includes a quote or Investment Summary and specifying the items to be provided by Tyler to Client, including any addenda and supplements thereto. • "SaaS Fees" means the fees for the SaaS Services identified in the Investment Summary. • "SaaS Services" means software as a service consisting of system administration, system management, and system monitoring activities that Tyler performs for the Tyler Software, and includes the right to access and use the Tyler Software, receive maintenance and support on the Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and archiving. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting, or other professional services. SaaS Services do not include support of an operating system or hardware, support outside of our normal business hours, or training, consulting, or other professional services. • "SLA" means the service level agreement between Tyler and Client that provides specific measurable aspects related to the SaaS Services and defines the service standards and obligations and consequence of failure to meet those obligations of Tyler to Client. SLA is attached hereto as Exhibit C. • "Statement of Work" means the industry standard implementation plan describing how our professional services will be provided to implement the Tyler Software, and outlining your and our roles and responsibilities in connection with that implementation. The Statement of Work is attached as Exhibit E. • "Support Call Process" means the support channels and methods applicable to all of our customers who have licensed the Tyler Software. Support Call Process is attached as Schedule 1 to Exhibit C. • "Third Party" means Third Party Hardware, Third Part Software, Third Party Products, and Third Party Services that are provided to Client from providers other than Tyler. • "Third Party Hardware" means the third party hardware identified in the Investment Summary. • "Third Party Products" means the Third Party Software and Third Party Hardware. • "Third Party SaaS Services" means software as a service provided by a third party, if any, identified in the Investment Summary. • "Third Party Services" means the third party services, if any, identified in the Investment Summary. • "Third Party Software" means the third party software, if any, identified in the Investment Summary. • "Third Party Terms" means, if any, the end user license agreement(s) or similar terms for the Third Party Products or other parties' products or services, as applicable, and attached or indicated at Exhibit D. • "Tyler" means Tyler Technologies, Inc., a Delaware corporation. • "Tyler Software" means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement. • "wely,"us", "our" and similar terms mean Tyler. • "you" and similar terms mean Client. SECTION B — SAAS SERVICES 1. Ri;hts Granted. We grant to you the non-exclusive, non -assignable limited right to use the SaaS May 16, 2023 J - 6 Services solely for your internal business purposes for the number of Defined Users only. The Tyler Software will be made available to you according to the terms of the SLA. You acknowledge that we have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software, as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms and conditions of this Agreement including, without limitation, Section B(4). We will make any such software available to you for download. 2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with the Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount of Data Storage Capacity. You may add additional users or additional data storage capacity on the terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate with the overage(s). As soon as reasonably possible, Tyler will provide the Client written notice of having regularly and/or meaningfully exceeded the Defined Users or Data Storage Capacity. 3. Ownership. 3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software, and anything developed by us under this Agreement. You do not acquire under this Agreement any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services. 3.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only. 3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize that except to the extent necessary to carry out our obligations contained in this Agreement, we do not create or endorse any Data used in connection with the SaaS Services. 4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS Services available in any manner to any third party for use in the third party's business operations; (b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or Documentation available to any third party other than as expressly permitted by this Agreement. 5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process. 6. SaaS Services. 6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA's Statement on Standards for Attestation Engagements ("SSAE") No. 18. We have attained, and will maintain, SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution •••'•• tyler .,... May 16, 2023 J - 7 of a mutually agreeable Non -Disclosure Agreement ("NDA"), we will provide you with a summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the NDA is in effect and in which you make a written request,, we will provide that same information. If our SaaS Services are provided using a Third Party data center, we will provide available compliance reports for that data center. 6.2 You will be hosted on shared hardware in a Tyler data center or in a Third Party data center. In either event, databases containing your Data will be dedicated to you and inaccessible to our other customers. 6.3 Our Tyler data centers have fully -redundant telecommunications access, electrical power, and the required hardware to provide access to the Tyler Software in the event of a disaster or component failure. In the event of a data center failure, we reserve the right to employ our disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a Recovery Point Objective ("RPO") of 24 hours and a Recovery Time Objective ("RTO") of 24 hours. RPO represents the maximum duration of time between the most recent recoverable copy of your hosted Data and subsequent data center failure. RTO represents the maximum duration of time following data center failure within which your access to the Tyler Software must be restored. 6.4 We conduct annual penetration testing of either the production network and/or web application to be performed. We will maintain industry standard intrusion detection and prevention systems to monitor malicious activity in the network and to log and block any such activity. We will provide you with a written or electronic record of the actions taken by us in the event that any unauthorized access to your database(s) is detected as a result of our security protocols. We will undertake an additional security audit, on terms and timing to be mutually agreed to by the parties, at your written request. You may not attempt to bypass or subvert security restrictions in the SaaS Services or environments related to the Tyler Software. Unauthorized attempts to access files, passwords or other confidential information, and unauthorized vulnerability and penetration test scanning of our network and systems (hosted or otherwise) is prohibited without the prior written approval of our IT Security Officer. 6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client -specific. Should you request a client -specific disaster recovery test, we will work with you to schedule and execute such a test on a mutually agreeable schedule. At your written request, we will provide test results to you within a commercially reasonable timeframe after receipt of the request. 6.6 We will be responsible for importing back-up and verifying that you can log -in. You will be responsible for running reports and testing critical processes to verify the returned Data. 6.7 We provide secure Transport Layer Security (TLS) Data transmission paths between each of your workstations and our servers through HTTPS. 6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other visitors to Tyler data centers must be signed in and accompanied by authorized personnel. Entry attempts to the data center are regularly audited by internal staff and external auditors to ensure no unauthorized access. 6.9 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply and will remain complaint throughout the Term of this Agreement, with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which ••::�. ty, ler •• ecfmologies 4 May 16, 2023 J - 8 can be found at https://www.tylertech.com/about-us/compliance, and in the event of any change in our status, will comply with applicable notice requirements. SECTION C — PROFESSIONAL SERVICES 1. Professional Services. We will provide you the various implementation -related services itemized in the Investment Summary and described in the mutually agreed upon Statement of Work. Professional Services Fees. You agree to pay us the undisputed (as defined in Section E2) professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good -faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in -scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable hourly rate by the quoted hours. Additional Services. The Investment Summary contains, and the Statement of Work describes, the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote. The addendum or change order must be mutually agreed to and signed by an authorized signatory of each party before Additional Services commence. 4. Client Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our personnel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments. Tyler Cancellation. If we need to re -schedule our personnel's travel within two (2) weeks of our commitment to be onsite with Client (other than for Force Majeure or due to Client's request), we will incur all costs associated with re -scheduling such travel, including non-refundable expenses. 6. 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. 7. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. 8. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and •4 t' .� �;ei `nWr=k_ May 16, 2023 1 - 9 security policies. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation -related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 10. [Reserved] 11. Assignment and Removal of Staff. After the Effective Date, and in coordination with the project kick- off activities identified in the Statement of Work, we will make our project staffing assignments. Upon request, we will provide you with project resumes, demonstrating relevant past project experience, for project team members that are allocated for onsite services on the project. You agree that those resumes are for your information and planning purposes only. Once our project team is assembled and your counterparts have been identified, both parties agree that, except for reasons outside of their control, they will not remove staff and personnel from their assigned project roles without reasonable advance notice and good cause, and that they will work together to mitigate project impacts after any such removal. The parties will also work together to manage the project impact resulting from the temporary unavailability of project staff from either party. We agree to use commercially reasonable efforts to maintain consistency of project personnel and commit to replacement resources having sufficient project knowledge, without additional cost to you, in order to render services in accordance with contractual requirements. In the event our personnel is/are not providing services consistent with our services warranty or are otherwise negatively impacting the project, you will notify us of that deficiency and give us a reasonable opportunity to correct it. In the event the deficiency persists, we will replace that project member, upon written request and demonstration of good cause. Replacement staff will be assigned following the same processes set forth above and shall have reasonably sufficient experience and project knowledge to fulfill applicable obligations under the Agreement. The foregoing notwithstanding, if the replacement personnel is providing services onsite, you shall remain liable for travel expenses incurred by such personnel, to be invoiced in accordance with the Business Travel Policy. 12. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process, we will: 12.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to any applicable release life cycle policy); 12.2 provide support during our established support hours; 12.3 maintain skilled personnel that are sufficiently trained to be knowledgeable with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services; • •Of- tyler May 16, 2023 J - 10 12.4 make available to you all releases to the Tyler Software (including updates, enhancements) that we make generally available to customers who have a SaaS Agreement in effect without additional charge; and 12.5 provide non -Defect resolution support of prior releases of the Tyler Software in accordance with any applicable release life cycle policy. We will use all reasonable efforts to perform support services remotely. Currently, we use a third -party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain your VPN for backup connectivity purposes. For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design; (c) other consulting services; or (d) support outside our normal business hours as listed in our then - current Support Call Process. Requested services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks' advance notice. SECTION D —THIRD PARTY PRODUCTS 1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party Software and related documentation for internal business purposes only. Your rights to the Third Party Software will be governed by the Third Party Terms. 3. Third Party Products Warranties. 3.1 We are authorized by each Developer to grant access to the Third Party Software. 3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware. 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products. 4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third -party at the rates set forth in the Investment Summary and in •••••• tyler May 16, 2023 J - 11 accordance with our Invoicing and Payment Policy. SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in the Investment Summary per our Invoicing and Payment Policy, Exhibit B, subject to Section E(2). 2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within thirty (30) days of notice of our intent to do so. SECTION F—TERM AND TERMINATION 1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services in Exhibit A, commencing on the first day of the first month following the Effective Date, unless earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one (1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional one (1) year renewal terms at our then -current SaaS Fees unless terminated in writing by either party at least sixty (60) days prior to the end of the then -current renewal term. Your right to access or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement. 2. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section E(2). 2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we may discontinue the SaaS Services and deny your access to the Tyler Software. We may also terminate this Agreement if you don't cure such failure to pay within forty-five (45) days of receiving written notice of our intent to terminate. 2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section H(3). 2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of the SaaS Services for a period of forty-five (45) days or more. 2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds •.0% tylerte�hvlogoe5 May 16, 2023 J - 12 sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid, but unused SaaS Fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. SECTION G — INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Intellectual Property Infringement Indemnification. 1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party's patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final judgment is based on your use of the Tyler Software in contradiction of this Agreement, including with non -licensed third parties, or your willful infringement. 1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and discretion, either: (a) procure for you the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement. 1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non -infringing; or (c) replace it with a functional equivalent. This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims. General Indemnification. 2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third -party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. ••d , tyler • I nn ,_ May 16, 2023 J - 13 3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CLIENT UNDERSTANDS AND AGREES THAT TYLER DISCLAIMS ANY LIABILITY FOR ERRORS THAT RELATE TO USER ERROR. 4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN -CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2). 5. 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; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request. SECTION H — GENERAL TERMS AND CONDITIONS 1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twenty-four (24) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twenty-four (24) months have expired, you may purchase additional products and services at our then -current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twenty-four (24) months from the Effective Date. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non -binding mediation in an effort •."o tyler .,• • ?ecnnnbgi. 10 May 16, 2023 J - 14 to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures. 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct -pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement. 5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. E-VerifV. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets. 9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, ••'• tyler 11 May 16, 2023 J - 15 and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non -enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non -enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial 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 tyler 12 May 16, 2023 J - 16 event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients' data at risk, we reserve the absolute right to move your Data from its location within a multi -tenancy Tyler hosted environment to an isolated "quarantined" environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non -quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler's, Tyler's affiliates, or any Third Parties used at the direction of Tyler such as Third Party data centers, we reserve the right to require payment of additional fees for the extended duration of quarantine. 19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law. 21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement. 23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler's Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler's Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at time of execution from https: Iwww.tylertech.com/termsldata-insi hts-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms. 24. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Schedule 1: Business Travel Policy Exhibit C Service Level Agreement Schedule 1: Support Call Process ••:':�. tyler 13 May 16, 2023 J - 17 Exhibit D Third Party Terms Schedule 1: ThinPrint Terms Schedule 2: DocOrigin Terms Exhibit E Statement of Work IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. By: Name: Title: Date: Address for Notices: Tyler Technologies, Inc. One Tyler Drive Yarmouth, ME 04096 Attention: Chief Legal Officer City of Port Angeles, WA By: Name: Title: Date: Address for Notices: City of Port Angeles 321 E 5th Street Port Angeles, WA 98362 Attention: Finance Director fiecfinalc�.,t 14 May 16,2023 1-18 Exhibit A ■tyler •■p,■ i technologies Exhibit A Investment Summary The following InvestmentSummary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summarythat may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. I n the event of conflict between the Agree mentand terms in the Comments section of this Investment Summary, the language in the Agreement will prevail. Tyler sales quotation follows this page. 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L Y O C q0 m C'n O Ln O O N i� 3 Q m m a) O L E In L N S 3 O Y p- U Ln c) O O E O a 1 t O m c-0 c Y a) ° T O .t., N C U In L O C m N m C 3 O u V -a w DO O !vn 3 U6m =i-a I ' YE i( O N ii m a, C bA mto O N ao _ wQH Q) mc En E by c ,c) O mX' com -a m amc3N>1 OuL a v�m a) ' u ai n +0° N + Z O NY O E 5 E T 3Z N Ja) 0 mO c s U O ma;_, m , V)O -O � N 1 c a 3 E a) pQ N -0O a) 4- a) ON Y O? m � m r- Otn > N N =L N L O m O 0 � m m O 0)c 'oN 2 H O p m O c O \ °° c N cr� °° — c -a L c O Q p Oa 0o O ai rn O-0 p u -0ua)N O E 'a w Q Q) c 0 p 0 u a) � p 3 Y O �O+ c m p 0 ° E� c c m v i O O Y m v _ a) U p m c N L u a) -0 a% m L N +, Y N Gi U - EN 4-10by sa) VmL O O O Y r 3 - O 4-1 3 > v m 0 +4. w m L O m >• m O 00 'c in O r-I u 'a C M -C 'O c +' L Y aj Y 2— O 3 bA C m t m Y Q C C O 'a +� a) a) L ,E m c 0 L U_ Yj m Y O U T O U N m O m E m U O N a) m V- O Y o°'n aNi E o a' N O m L a E L u L >, -- m Q ai = O m m 0— N 'O c E Q a Ln J m a p L c N O N U LO Y O O � p p O N V 1 3 m E C m O c c�a 5 O m L ? n >- W m O vi Y Y U ` m a) 3 a• L v p rf Q c U N E N a) O O L O Q> u L c m E O >' V m Q ,� c +, m L C N Y N Y E O +� N v O 'a 3 u al O -C~ C W N C =- L� u Q c C O -a in i- O E O H .3 O v w +' 3 O U n 0 rl O T U O -a 3 L7 N " Y Y a m L m m Y 3 N ° 1 E m a i m rn m �' 3 0 N U u 3 V m E c Y O c �, O C > +' c OOD O Y m a L O L1 O •L p c •L N cu ° Y a) E m s O O L L +, >> i ri m O U l0 Q c 3 o c T} N ccv c O H a m `L° c Q c ,� O> O N 'E Q a) O cLo L Q a O m m 'o O 3 m cn N >O a) a) c m •LA c _ E a � 3 -O U O 3 3 °j, v l}D O N c N t U c Q O — Yj E -a V) e In WhC_0 .� Z in in U E Q �>, t, > a -a L> O L v E c c in O m .c N i N O Q O m Ol O u u 0 u1 Ln L T N ,�, p m O c c 0� m 0 m '- 'p O ;° 3 u — t 3 O Y OD c 0 °° rn U- Q= O CU N N w 0 a V N c0 Q T L m i i r I O D M N O N May 16, 2023 J - 30 ? 7 \ § 2 C [ \ / 2 7 G § / _ n / � § / $ ( & E a) £ u ° ± / / � -0/ Et =� £ 2 a �- c g 0 E / § (a \ \ 2 9 & cu 4-1 / / 2 £ ° E 4-1 5 2 a)$ $ 2 / \ / [ ] ƒ \ % a)a) _ £ / \ \ 0 ( _ 2 § �ƒ. { Q • \ _.� t ( / f e m % > o k u ® ., \ / � t , § 6 a) / / ¥ m O °®° » bb—m E / \ a § u e 2 / 0 ° k k \ % / \ 7 k / / \ k § § \ = 4-1 / \ /tao \� U 2 t § m n j « » / on to \ e \ R = m _ = CJ R e 4- E 1ƒ •£ /\ C 2 5 t m � f � � o Qj _ \ k/ E/ m\ ° ® ■ 2 > $ 2 3 % u t = c _k ) - + f m cu u \ � \ �� #\ / \� » _ Ln # ) % £ ® 4-1_ e ® � 4-1= E 2 to> E u w E a= _ \� ƒ /t � ) —' / « \ M�§ 2 z > 2 f « \ / 5 \ CL k k b z 0 u May 16,2023 J.31 Exhibit B • -••'!• ty Ier Exhibit B Invoicing and Payment Policy We will provide you with the software and services set forth in the InvestmentSummaryofthe Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement. 1. SaaS Fees. Yourtotal SaaSfees forthe Initial Term, are set forth in the Investment Summary. Tyler agrees to limit increases to annual SaaS Fees foryearssix through ten to three percent (3%)peryear. Thereafter, yourannual SaaS fees will beat our then -current rates. For avoidance of doubt, the SaaS Fees forthe Tyler Software forthe initial five-yearterm shall be payable as shown in the table below. Thereafter, SaaS Fees will be invoiced annually, in advance. Payment Due Date PaymentAmount 8/1/2023 84,3 85.81 11/1/2023 86,100.87 2/1/2024 86,100.87 5/1/2024 86,100.87 8/1/2024 97,152.18 11/1/2024 97,152.18 2/1/2025 98,145.25 5/1/2025 98,145.25 8/1/2025 392,581.00 8/1/2026 392,581.00 8/1/2027 392 581.00 OtherTyler Software and Services. 2.1 [Reserved]. 2.2 Implementation and Other ProfessionalServices (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, atthe rates set forth in the Investment Summary. Notwithstanding the afore mentioned, Tyler agrees to a retention percentage often percent (10%) of the Implementation and other professional se rvices (including training) set forth in the Investment Summary. Such retention to be invoiced and paid on the live production date of the Tyler Software, by phase. 2.3 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed -fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom ;:. tyler May 16, 2023 J - 32 Exhibit B desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis. 2.4 Conversions: Fixed -fee conversions are invoiced 50% upon initial delivery ofthe converted Data, by conversion option, and 50% upon Client acceptanceto load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis. 2.5 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon deliveryof specifications and 50% upon deliveryof 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 afterthe 30-day window has passed. You may still report Defectsto us as set forth in this Agreement. 2.6 Other Fixed Price Services: Otherfixed price services are invoiced as delivered, atthe rates setforth in the Investment Summary. Forthe avoidance of doubt, where "Project Planning Services" are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. 2.7 AnnualServices: Unless otherwise indicated in this Exhibit B, feesforannualservices are due annually, in advance, commencing on the availability of the service. Your annual feesforthe initial term are setforth in the Investment Summary. Upon expiration of the initial term, your annualfees will be at our then -current rates. Third Party Products. 3.1 Third Party Software Maintenance: The first year maintenance for the Third Party Software is invoiced when we make it available to you fordownloading. 3.2 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery. 3.3 Third Party Services: FeesforThird Party Services, if any, are invoiced as delivered, along with applicable expenses, atthe rates set forth in the Investment Summary. 3.4 Third PartySaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencingwith availability ofthe respective Third Party SaaS Services. Pricing forthe first yearofThird Party SaaS Services is indicated inthe Investment Summary. Pricingfor subsequent years will beat the respective third party'sthe n-current rates. 4. Transaction Fees. Unless paid directly by an end userat the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Schedule Aand maybe increased by Tyler upon notice of no less than thirty (30) days. Expenses. The service rates in the Investment Summary do not include travel expenses. Expenses forTylerdelivered services will be billed as incurred and only in accordance with the Business Travel Policy Exhibit B, Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We pref erto receive payments electronically. Our electronic payment information is available by contacting AR@tylertech.com. ••:•. tyler 2 May 16, 2023 J - 33 • ••'• tyler tcchnologi4s Exhibit B Schedule 1 Business Travel Policy 1. Air Travel A. Reservations&Tickets Exhibit B Schedule 1 The Travel Management Company (TMC) used byTylerwill provide an employee with a direct flight within two hours before orafterthe requested departure time, assuming that flight does not add more than three hours to thee mployee'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 orafterthe requested departure time and that does not add more than three hours to the employee'stotaltrip duration, the connecting flight should be accepted. Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required. Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy orcoach class seating is reimbursable. Employees shall not be reimbursed for"Basic Economy Fares" because these fares are non-refundable and have many restrictions that outweigh the cost -savings. B. Baggage Fees Reimbursement of personal baggage if charged are based on trip duration as follows: • Up to five (5) days = one (1) checked bag • Six (6) or more days = two (2) checked bags Baggage fees for sports equipment are not reimbursable. ••,, tyler •• tecirus May 16, 2023 J - 34 Exhibit B Schedule 1 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 fortolls and parking. Mileage will be calculated by usingthe employee's office asthe starting and ending point, in compliance with IRS regulations. Employees who have been designated a home office should calculate miles from their home. B. Rental Car Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a "mid -size" or "intermediate" car. "Full" size cars maybe rented when three or more employees are travelingtogether. Tylercarries leased vehicle coverage for business car rentals; except for employees travelingto Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined. C. Public Transportation Taxi or ride services maybe 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 longerterm parking areasthat are measured in days as opposed to hours. Park and fly options located nearsome 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'sTMC 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 ratewiththe hotel upon arrival. Employee memberships in travel clubs such asAAAshouldbe 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'scancellation policy. Tips for maids and otherhotelstaff are included in the perdiem rate and are not reimbursed separately. .:. tyler O teCn� ti May 16, 2023 J - 35 Exhibit B Schedule 1 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed. 4. Meals and Incidental Expenses Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the Genera IServices Administration. Incidental expenses include tips to maids, hotel staff, and shuttled rivers and other minor travel expenses. Perdiem rates are available at Nw.gsa.govlperdiem. A. Ove rn ight Trave I For each full day of travel, all three meals are reimbursable. Perdiemson the first and last day of a trip are governed asset forth below. Departure Day Depart before 12:00 noon Depart after 12:00 noon Return Dav Return before 12:00 noon Return between 12:00 noon & 7:00 p.m. Return after 7:00 p.m.* Lunch and dinner Dinner Breakfast Breakfastand lunch Breakfast, lunch, and dinner *7:00 p.m. is defined as direct travel time and does not include timetakento stop fordinner. The reimbursement rates for individual mealsare calculated as a percentage ofthe 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. Employeeson same day travel status are eligible to claim dinnerin the eventthey return home after7:00 p.m.* *7:00 p.m. is defined as direct travel time and does not include time taken to stop fordinner 5. Internet Access —Hotels and Airports 3 :. tyler May 16, 2023 J - 36 Exhibit B Schedule 1 Employees who traveI 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 perday. Chargesfor internet access at airports are not reimbursable. 6. International Travel Neither party agrees to authorizing international travel. ••.;:•. tyler May 16, 2023 J - 37 Ile* �s ty!er Exhibit C Service Level Agreement I. Agreement Overview Exhibit C This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. This SLA does not apply to any Third Party SaaS Services. All othe rsupport services are documented in the Support Call Process. II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement. Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter, calculated as follows: (Service Availability — Downtime) _ Service Availability. Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third -party providers over whom we exercise no control. Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present. Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client. Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window. Service Availability. The total numberof minutes in a calendar quarterthatthe Tyler Software is capable of receiving, processing, and respondingto requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours perweek. III. Service Availability Your Responsibilities Whe neve ryou experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number. Our Responsibilities When oursupportteam receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned tyler 1 May 16, 2023 J - 38 Exhibit C Downtime, a Client Error Incident, Denia► of Service attack or Force Majeure). We will also work with you to resume normal operations. C. Client Relief Our targeted Attainment Goal is 100%. You will be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the calendar quarter. In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your relief request within thirty (30) days of receipt. The total credits confirmed by us will be applied to the SaaS Fee forthe next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreementto correct the problem which created the service interruption. ClientIMIFFSchedule 7Adu,39lAtta1nrnent Client Relief% - 99.50% Remedial action will betaken 99.49% - 98.50% 2% 98.49% - 97.50% 4% 97.49% - 96.50% 6% 96.49% - 95.50% 8% Below 95.50% 10% * Notwithstanding language in the Agreementtothe contrary, Recovery Point Objective is one (1) hour. IV. Maintenance Notifications We perform Standard Maintenance during limited windows that are historically known to be reliably low -traffic times. If and when maintenance is predicted to occur during periods of highertraffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you. Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may maketheTylerSoftware unavailable, we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable during the maintenance window. ` tyler May 16, 2023 J - 39 ■ .�ty er ■ ,hnologies Exhibit C Schedule 1 Support Call Process Support Channels Exhibit C Schedule 1 Tyler Technologies, Inc. providesthe following channels of software support for authorized users*: (1) On-line submission(portal) — for less urgent and functionality -based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website. A built-in Answer Panel provides users with resolutions to most "how-to" and configuration - based questions through a simplified search interface with machine learning, potentially eliminating the need to submitthe support case. (2) Email — for less urgent situations, users may submit emails directly to the software support group. (3) Telephone —for urgent or complex questions, users receive toll -free, telephone software support. * Channel availability maybe limited for certain applications. Support Resources A numberof additional resources are available to provide a comprehensiveand complete support experience: (1) Tyler Website— tylertech.com—for accessing client tools, documentation, and other information including support contact information. (2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answersyou need, 247. (3) Tyler Community —provides avenue forall Tylerclients with current maintenance agreementsto collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University —online training courses on Tyler products. Support Availability Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday — Friday) across four (4) US time zones (Pacific, Mountain, Central and Eastern). Tyler's holiday schedule is outlined below. There will be no support coverage on these days. New Year's Day Labor Day Martin Luther King, Jr. Day Thanksgiving Day Memorial Day Day afterThanksgiving Independence Day Christmas Day For support teams that provide after-hours service, we will provide you with procedures forcontacting support staff after normal business hours for reporting Priority LeveII Defects only. Upon receipt of May 16, 2023 J - 40 Exhibit C Schedule 1 such a Defect notification, we will use commercially reasonable efforts tome etthe resolution targets setforth below. We will also make commercially reasonable efforts to be available forone pre -scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration ofthe Tyler Software environment. Incident Handling Incident Tracking Every support incident is logged into Tyler's Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler's Customer Portal or by calling software support directly. Incident Priority Each incident is assigned a priority level, which corresponds to the Client's needs. Tyle rand the Client will reasonably set the priority of the incident perthe chart below. This chart is not intended to address every type of su pport incide nt, and certain "characteristics" may or may not apply dependingon whetherthe Tyle r software has been deployed on customerinfrastructure or the Tyler cloud. The goal is to help guide the Clie nt towards clearly uncle rstandingand communicatingthe importance of the issue and to describe generally expected response and resolution targets in the production environment only. Ref ere ncesto a "confirmed support incident" mean that Tylerand the Client have successfullyvalidated the reported Defect/support incident. Priority Level Characteristics of Support Resolution Targets* Incident Resolution Process* Support incident that Tyler shall provide an initial Once the incident has causes (a) complete response to Priority Level 1 been confirmed, Tyler application failure or incidents within one (1) business shall use commercially application unavailability; hour of receipt of the incident. reasonable efforts to (b) application failure or resolve such support unavailability in one or incidents or provide a more of the client's remote circumvention 1 location; or (c) systemic procedure within one Critical loss of multiple essential (1) business day. For system functions. non -hosted customers, Tyler's responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database. May 16, 2023 J - 41 Priority Level 2 High 3 Medium Characteristics of Support Resolution Targets' Incident Support incident that causes (a) repeated, consistent failure of essential functionality affecting more than one user or (b) loss or corruption of data. Priority Level 1 incident with an existing circumvention procedure, or a Priority Level 2 incident that affects only one user or for which there is an existing circumvention procedure. Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of the incident. 3 Exhibit C Schedule 1 Resolution Process* Once the incident has been confirmed, Tyler shall use commercially reasonable efforts to resolve such support incidents or provide a circumvention procedure within ten (10) business days. For non -hosted customers, Tyler's responsibility for loss or corrupted data is limited to assistingthe Client in restoring its last available database. Once the incident has been confirmed, Tyler shall use commercially reasonable efforts to resolve such support incidents without the need for a circumvention procedure with the next published maintenance update or service pack, which shall occur at least quarterly. For non - hosted customers, Tyler's responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available database. ••:':•0 tyler .• T."ea May 16, 2023 J - 42 Exhibit C Schedule 1 Priority Level Characteristics of Support Incident Resolution Targets" Resolution Process* Support incident that Tyler shall provide an initial Once the incident has causes failure of non- response to Priority Level 4 been confirmed, Tyler essential functionality or a incidents within two (2) business shall use commercially 4 cosmetic or other issue days of receipt of the incident. reasonable efforts to Non -critical that does not qualify as any resolve such support other Priority Level. incidents, as well as cosmetic issues, with a future version release. *Response and Resolution Targets may differ byproduct or business need Incident Escalation If Tyler is unable to resolve any Priority Level I or 2 Defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incidentto the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff toestablish a mutually agreeable plan for addressingthe Defect. Remote Support Tool Some support calls may require further analysis of the Client's database, processes, orsetup to diagnose a problem orto assist with a question. Tyler will, at its discretion, use an industry -standard remote support tool. Tyler's support team must have the ability to quickly connect to the Client's system and view the site's setup, diagnose problems, or assist with screen navigation. More information about the remote supporttoolTyler uses is available upon request. ••:;:•. tyler . May 16, 2023 J - 43 •tyler i�� • Exhibit D Third Party Terms REMAINDEROF PAGE INTENTIONALLY LEFT BLANK Exhibit D t v I e r May 16, 2023 J - 44 Exhibit D Schedule 1 tyler technologies Exhibit D Schedule 1 ThinPrint Terms. REMAINDEROF PAGE INTENTIONALLY LEFT BLANK May 16, 2023 J - 45 Thinftt ThinPrint End User License Agreement (EULA) This End User License Agreement (EULA) applies to the following named software produced or provided by TltinPri nt. The software is either insta lied and operated by the end -user in their own IT environment (hereinafter on -premise software) or provided by ThinPrint as a cloud service (hereinafter loud service software). Please read this ThinN nt End User License Agreement and the Third Party !ancillary Components license Terms (collectively, the 'EULA') attached hereto carefully before installing and using the on. premise softwa re or cloud service softwa re, including any a neillary components and related materials and/or documentation in electronic or online format (collectively, the ThlnPrint software that may be provided with the Software. On -premise software I ncludes the following products or cornponentsr among others: ThlnPrint Engine, ThinPrint Ucense Server, ThinPrint Management tenter, ThinPrint Management Services, ThinPrint ADP Engine, ThinPrint Desktop Extenslon, ThinPrint Desktop Engine, ThinPrint Personal Printing, ThinPdnt Host Integration Service, Thin Print Mobile Session Print; ThinPrint Client Software. Cloud Service Software includes the cloug services offered under the name eaeep or ereep Blue. Ely using as a cloud service, or by installing, copying or otherwish using the ThinPrint software, you agree to be bound by the to rms of the Ell LA a nd agree to use the ThinPrint softwa re only as descri bed herein. if you install the ThinPrint software as an administrator or as another employee of a company authorised to install the on -premise software or the cloud service software and then make it avallable to users, you also agree to be bound by the terms of the EULA and agree to use the Thinprint software only as described herein. If, on the other hand, you reject the terms and conditions of the EULA, you are not entitled to 'install and use the ThlnPrint software In any way whatsoever. This EULA Is concluded between ThinPrint GmbH. Alt-Moablt 91a/b, 10SS9 Seri -in, Germany (hereinafter referred to as 'ThinPrint) and a legal or natural (person who Installs and uses the on - premise software themselves or their employees (hereinafter referred to as end user) and constitutes a legally binding contract between the aforementioned parties which conclusively regulates all rights and obligations of the end user and T hinPrint with regard to the ThinPant software. 2. Definiitions 2.1 The term "device" is used in the following to refer to a hardware operating system unit, whereby this may also be virtualised_ 2.2 Inthe following, "server" refers to devices which primarily provide servicesand functions forother devices. The software ThinPrint License Server is an exception (see 4.S and 4.6). 2.3 The term "terminal equipment" is used in the following to refer to equipment that primarily requests services and functions from a server, irrespective of whether located on -premise or In the cloud. Exhibit D Schedule 1 V tyler May 16, 2023 J - 46 Exhibit D Schedule 1 ThinPrint 2.4 in the following, a''cluster' refers to a group of independent servers that appear to work together as one server in order to distribute the load for networked terminal and server applications across multiple servers and to Increase the avaiiability of applications and services. As workloads Increase, clusters can be scaled by adding additional servers. Cluster servers, known as nodes or h3sts, are connected physically and by software. If one node fails, the remaining ones take over the function of the failed node. 2.5 in the foRaveing, a "Narr►ed user' refers to a precisely defined natural person (actual named user) who uses the ThinPrint software. Processes thatare nat triggered by natural persons but automatically by machines (logical named user) are counted as named users if such processes use or access the ThinPnint software. if several actual named users access the TNnPrint software by means of a logical narked user, the number of actual named users is decisive for the total number of named user lb nenses required. The (co -)use of a named user license by more than one actual or logical named user is expressly prohibited. A named user license mayonly be transferred if the original named usercan ar►d may no longer use the ThinPrint software_ If a license key is used for the on -premise software,, it may only he Installed and activated an one server_ The nodes of a duster are an exception. 2.6 An API printjob" is a pant job that is passed by a third party application using an API interface provided by ThinPrint and using the cloud service software_ 2.7 In the farllowing, a "service provider" refers to a company that Installs the ThinPrint software on its overt or third -party servers in order to make It available to users of one or more companies. The same regulations apply to the service provider as to the end user, unless deviations result from the folkoring regulations. 18 "ThinPrint client software" hereinafter refers to software components manufactured by Th nPrint whlck among other things, are responsible for receiving print data on the client side and forwarding it to the printing devices. This also includes Personal Printing clients and mobile clients as well as connectors and print apps. 3. Rights of 1. 3.1Within the scope and fro meworkofthis EUIL,ThinPrintgrantstheenduserthenon•transferabic, revocable, spatially limited and non-exclusive right to install and use the ThinPrint software, including any additional components produced by ThinPrint, in accordance with the technical documentations provided with the ThinPrint software. On premise -software may be installed and used on a terminal device, a server or a server farm in accordance with the type and number of licenses granted for the softwa re. The requirements described I n this FU A with regard to the type and number of licenses required shall also apply if the technical license check of the 74InPrint software permits a different type and/or a different number of licenses. The provisions ofthis license agreement are exclusively authoritative. in addition, the end user is entitled to make a copy of the an -premise software in accordance with the FU A after installation or, In lieu of such copy, to make an image of -the end device or server on which the on premise oftware was Installed, which copy or image may be made and retained solely for archival purposes or for reinstallation of the &&-premise software on the same end device, server or server farm without the requitement for extended licensing_ any additional copl,es and/or Images require additional licensing In accordance with the terms of this Eti A. All trademark and copyright notices and all other proprietary rights notices for all rights of ThinPrint must be and rcrnam Included in such copy and/or image. so . tyler May 16, 2023 J - 47 Exhibit D Schedule 1 ThinRrint 3.2 The end user is not entitled to make additional partial or complete copies, clones or images of the, on -premise software and additional programs beyond the provisions contained in .section 3_1, to reproduce the on -premise software or the aforementioned comments in arry, other way, to translate them, to extract parts from the on -premise software, to change the arrangement or to carry out other reworkings and adaptations or to make copies of such changes. The and user is also not entitled to reverse engineer, decompile or disassemble the on -premise software beyond what Is permitted and specified by law. Finally, the end user is also not permitted to, amoOg other things, distortthe contents of the on -premise software, change the color, size, pattern and fonts, or separate or alter logo elements, copyright and trademark information. 3.3 The end user shall not be entitled to assign, sublicense, sell or otherwise transfer the rights and obligations conferred upon it under the EULA without explicit written consent from ThinPrint. 3.4 if the and user receives the on -premises software on more than orb@ storage medium, the end user shall only be entitled to use the on -premise software on one of the media. A general prohibition of use on another end device, server or server farm as well as the prohibitions from 3.2 and 3.3 shall apply to the on -premise software on the alternative medium. 3S if the on•premise software represents an update of a predecessor product and If the end user has acquired the update within the scope of an update service ordered by them (update subscription), the end user shall only be entitled to install and use the update if it has'a valid license for the predecessor product which is identified by ThlnPrint as suitalbie further update. In addition, the end user must note that the update replaces and/or supplements the predecessor product and possibly deactivates it. 3.6 if the o vprernise software Is marked as "Not For Resale" WNW (Plot For Resale), the use of the on -premise software is limited to demo, testor evaluation purposes. Any further use is not permitted. in particular, the end user is not entitled to resell this on -premise software or to provide it to third parties in any other way. 3.7 The on -premise software Itself may only be sold, lent, rented or otherwise provided to third parties only with the prior written cor►sent of ThinPrint. 3.2 The end usershall only be entitled to install the on -premise software on a second terminal device, server or server ,farm without the requirement of an extended license if, after transferring the on- prem Ise software to the second terminal device, server or server farm, the end user has completely and permanently removed or deleted the on -premise software from the first terminal device, server or server farm. In addition, upon Orkstagation of the on -premise software on a second, different terminal device, a second server or a second server farm, al3 other components of the on -premise software, namely ail additional programs, descriptions and media supplied with the on -premise software, must also be transferred. Furthennore, all persons who have access to the second end device, the second server or the second server farm and thus to the software must be sufficiently informed about the content and the individual conditions of this ELI A_ 3S All rights not otherwise expressly granted are reserved by ThenPrint.. Licensing 011-'ie.".rSL- S,t:ii:.i ,Z ar:w.: ;iSi C ;;ia' Li.-:-tuz 4.1 On -premises software Is generally licensed for a limited period of time on the basis of a clearly named user (named user license). Each time -limited user license may only be used for a named user. ThinPront allows the end user to view the current term of their license at any Ilene. The Initial term is generally 22 calendar months, but may deviate from this by special agreement. After expiry of the ••:•. tyler;� May 16, 2023 J - 48 Exhibit D Schedule 1 Thifirt Hit initial licence term, this shall be automatically extended by a further interval (subscription) unless. the end user has objected to the extension In writing. if, in case of any deviating agreements, the length of the subsequent intervals is not determined, they shall be extended by 12 calendar months. An objection to the extension can already be declared by the end user with the purchase of the lkense. Otherwise, notice of termination of the subscription may be given In writing (e.g. by email to orderLWthinptlnt.com) within 24 calendar days with effect from the end of the respective current subscription period or altematively via the bllikig portal provided. ThinPrint will invoice the end user for the license at the beginning of a new licensing Interval at the agreed license price. 4.21n divergence from section S-2, ThlnPrint may also grant the end user a permanent, uN Imlted right to use the software for some c"ponents of the on -premise software (perpetual license) or a right of use that differs from the user -based licensing (e_g. server -based licensing). 4.3 Perpetual licenses and term licenses of the same on -premise software may not be used in the same IT environment. User -based licensed on -premise software may not be used with server -based licensed on -premise software in the same rT environment. Exceptions to this rule require the written consent of ThinPrint. These restrictions do not apply if the end user uses the on -premise software In different license models exchisively in separate and Independent IT envimn`ments. She end user Is expressly permitted to use the "ThInPrInt Lost i•ntegfatlon Service' together with temporary user licenses. 4.4 She and user is entitled to use the on -premise software in the version current at the time of purchase_ If updates to the on -premise software are provided during the license term of a limited license, the and user may make use of these for the duration of the license term at no additional cost. in the case of licenses with an unlimited term,. however, software maintenance (updates) Is not included In the license purchase price and must be purchaser! separately. 4.5 In order to operate on -premise software components, license keys may be required which must be activated. The license keys of the on -premise software components are usually Installed and activated on the "ThinPrint license Server'_ If one of these on -premise software components requires a license for a certain function, itcontacts the ' I hinprint Ucense Server"_ The ThinPrint license Server can connect to ThinPrint servers. It provides the required license, which the on -premise software then uses to execute the function in question. if the ThinPrint license Server is unavailable, the software can be used by the authorized named users via another, additional server within.a tolerance period of IS days from the failure of the ThinPrint License Server. After expiry of the tolerance period, the list of authorized named users on the other, ;additional server will be deleted locagy, and the on -premise software can only be used by the authorized named users after the ThinPrint License Server has been set up again or has become ava1able again. If a license is claimed by a named user, the retrieved license is bound to this named user for 28 (twenty-eight) days and can only be released for use by another named user after the 28 days have expired. 4.6 for some on -premise softeware products, the license key can be entered and managed on the device on which the respective product Is installed. Some of the on -premise softeware corponents, In particular additional components, can be operated without entering a separate license key. Service Software Components and Addit►anal {Ornpor"r•^ 4.7 Cloud service software is licensed for a limited period of time on the basis of a clearly named user (named user license)_ Abasic quota of named users determined by ThinPrint may be licensed free of ••:':•. t ler May 16, 2023 J - 49 Exhibit D Schedule 1 ThinPrint charge. if the number of named users exceeds this basic quota, however, all named users must be licensed for a bee, not Just the number of named users exceeding the basic quota. The Initial term of the cloud service software is usually either one calendar month or twelve calendar months, but may differ by special agreement. After expiry of the Initial license term, it is automatically extended by a further interval (subscription), unless the end user has cancelled before the renewal. If the length of the subsequent intervals Is not determined in the case of deviating agreements, they shag be extended by 12 calendar months. Cancellation of the subscription to the cloud service software can be made at any time via the online booking portal provided. if no cancellation is made, ThinNint will Invoice the end user for the license at the beginning of a new licensing interval at the agreed license price_ 4.8 If the cloud service software Is used via an API provided by ThinPrint, then the licensing is generally {lased on the number of printed pages of the AN print jobs. For this purpose; the end user acquires usage quotas before using the service, which can be consumed within an agreed usage period. If, at the end of the period of use, the number of billing units of the AN print jobs exceeds the number of the purchased usage quota, the end user will be additionally billed for the exceeding number of hikling units. in an online portal provided for the cloud service software, the end user will he able to view the number of API print jobs and pages they haw printed. .. �1•tut�ro 1?r$es1?,tin{} !+f tlp_Orar ica If the use of on -premise software requires the entry of a license key, the folkming rules apply- 5.2 AM licenses, Including the licenses of the on -premises software designated as demo orhlFA licenses, are Initially valid for 30 days. in principle, any Ikenses of the software are only valid beyond the 30- day period after activation by ThlnPrtrt. Aetivatlan of the licenses may he refused by ThinPrint if the associated license key does not entitle the user to use the on -premises software in the installed version. 5.2 In deviation from the above provision on the basic activation of licenses, demo licenses may not be used or activated beyond the 30-day period_ Company licenses represent a further special case to the activation, which are only valid after signing a separate company license agreement and only if the end user Is named as end user in the sense of the EULA in the company gcense agreement to be agreed separately. 5.3 Multiple activations of temporary license keys are permitted if the end user uses dusters or bad balancing for backup purposes (disaster recovery). User licenses of the Personal Printing solution may be activated on each cluster node (multiple activation). 5.4 8y accepting this EULA, the end user agrees to provide the Information required as part of the activation process completely and truthfully_ 6. Industrial Property Rights and Copyrights to ThinPrint Software The ThinPrint software, its entire contents (including all images, photographs, animations, video, audio, music, text and apptets contained therein), all contents accessible by means of the ThinPrint software and copies thereof are protected by all national and International copyrights, Industrial property rights, in particular patent, utility model, design patent and trademark rights as well as .all • 0 tyler •' L�,wta =r May 16, 2023 J - 50 Exhibit D Schedule 1 Th i n Pri nt other existing property rights in the ThlnPrrint software; the Improvements matte to the ThinPrint software, its bug fixes and extensions or In ati other modifications of the ThlnPrint software, Irrespective of the person making such modifications. Oy accepting the EUU, the send user undertakes to use these rights to the ThinPrint software to which ThinNiint or third parties are solely a ntitled only within the scope provided for in this I=ULA and to fully observe and not infringe the aforementioned rights of ThinPrint or third parties when using the ThinPrint software. This Includes In particular that all contents may neither be copied of otherwise reproduced nor stored, sold or passed on In any, other w1ay, nor used in any way, apart from the use of the software itself (see clause 31. The end user is entitled to print out the documentation accompanying the ThinPrint software, provided that the documentation is made available only In electronic farm. In addition, the end user may reproduce all printed materials accompanying the ThlnPrint software for Internal purposes. 7.1 The Th nPrint software must excdusly€ ly perform the functions described and listed in the manual without errors. The minkrum statutory warranty period shall apply_ 7.2 The end user must assert the statutory warranty clal msto which they are entitled against the seller of the Ilcense(s) -in the event of a warranty claim_ ,any assertion of claims directly against TNnPrint is excluded. Something else shall only apply if the end customer has acquired ffte software directly from ThinPrint. 8. Liability 8.1 The TNnPrint software is tested by ThinPrint and checked for its general suitability. Therefore, if damage occurs to the end user during Installation or use of the ThinPrint software, Thln Print shall be fully liable in such cases up- to twice the purchase price of the purchased software licenses, but in any case only up to a maximum amount of EUR 5 -=, prcreided that such damage results directly from defective and/or incomplete testing or defective and incomplete suitability testing. In this respect, liability In cases of ordinary negggence on the part of ThinPrint shall be limited to the damages which were foreseeable for ThinPr nt or which should have been foreseeable for ThinPrint. liability for all Indirect and atypical (consequentiall damages and for all pecuniary losses, such as lost profits and missed savings, however, does not exist In the case of simple negligence_ This limitation of ThinPrint's (lability shall not apply In cases of injury to life, Rmb and health or in the event of a breach of material contractual obligations. 8.2 to all cases in which the end user has not made an adequate (at least once a day),, reasonable and customary backup of xts data in accordance with the respective state of the art or, in the event of a suspected software error, has failed to take reasonable and sufficient additional backup measures, the end user must accept contributory negligence for the damage incurred within the scope of Its duty to mitigate damages. 8.3 ThlnPrint shawl not be liable for arry damage incurred by the end user in the course of, or as a result of downloading the software from the ThfnPrint website or during the installation process, in particular, ThinPrint does not guarantee the absence of computer viruses, so that ThinPrint shall in no event be liable for any damages (muffed by the end user as a result of computer viruses. Bather, the end user Is obliged to use sufficient and constantly updated virus protection and to actively ••�.•. tyler May 16, 2023 J - 51 Exhibit D Schedule 1 Thinhnt contribute to preventing the penetration of computer viruses, In particular before downloading the ThinPrint software. L4 Any liability on the part of ThinPrint for material defects and defects In title of the information and the ThinPrint software, In particular for their correctness, freedom from errors, freedom from property rights and copyrights of third parties; completeness and/or usabilAy is excluded, except in those cases In which Thin'Print can be proven to have acted with grass negligence or intent. S.5 Liability under the Product Liability Act remains unaffected. 10.6 ThinPrint shall not be liable for violations of license terms/policies of third parties whose Code is included in the software and whose Iltense teats are attached to this EULA in the append,ces- If the end user, one of Its empkryees, representatives or agents violates or Infringes the rights and obligations arising from this EULA, In particular the rights of use, TbInPrint is entitled to prohibit the use of the ThlnPrint saftware and all associated components wkh Immediate effect and to demand the returnor deletion of the licenses granted andall copies made thereof or the deletion of the images made - in addition, ThlnPrint reserves the right to assert all claims for damages against the end user resulting from such Infringement. Ourcustomers agree to be named by ThinPrint as a reference and authorize the use of their logos and trademarks In this regard. Permission to use may be revoked at any time by simply sending a statement to legai@c.otudo.com. Please note that it may take up to thirty (30) days for us to process a request. - 11. Assignment of Rights The end user may not transfer or assign this EULA and all rights and obligations contained herein to a third party without Elie prior written consent of ThinPrint unless the end userand the third party are in a relationship of dependence within the meaning of Section 17 of the German Stock Corporation Act (AktG) or the third party takes over all or substantially all of the assets of the transferring party by entering Into a contract. The consent of ThinPrint referred to In sentence P may he refused for.gamd cause. Such good cause shalt be deemed to exist In particular if there Is a riskthat, as a result of the assignment, the rights and obligations of the end user stipulated and agreed in the contract and by these terms and conditions can no longer be or would no longer be fulfilled. 12. Scope 7�F This EULA conclusively regulates ail rights of use of the end user to the Thin Print software as well as ell other rights and obligations of the end user .and ThinPrint, unless the validity of other agreements or conditk)m has been expressly stipulated In writing in Individual contracts. in particular, the EULA shall take precedence over all previous oral or written agreements, communications and offers relating to the ThlnPrint software. •�� tyler May 16, 2023 J - 52 ThinPrint The EULA is binding exclusively in the official versions provided by ThinPrint in German and English. Claims of any kind whatsoever cannot be asserted against ThlnPrint on the basis of other language versions riot authorized by ThinPrint. u isdiction and Applicable L?. , This EULA as well as its execution shall be governed exclusively by German lave, whereby the provisions of the UN Convention on Contracts for the international Sale of Goods shall apply in those cases In which they contain mandatory law. If the end user Is an entrepreneur within the meaning of article 14 03GB (German Civil Code), the exclusive place of jurisdiction for all., disputes arising from this EULA o, on the basis of this EULA shall be the registered office of ThinPrint GmbH in Berlin, Germany. If the end user is a consumer within the meaning of article 13 BGB (German Civil Code), the place of juresdi--neon shall be the competent court of the consumer's place of residence pursuant to article 13 ZPO (German Civil Ptoced ure Code). 14. Severabilitylr. Should any provision of this EULA be or become invalid or unenforceable or should the EULA contain unintended loopholes, the validity of the remaining provisions of the CULA shall not be affected thereby: In place of the invalid, impracticable or missing pirovision, an appropriate provision corresponding to the purpose of the contract and the economic Interests of the parties shall be deemed agreed. ThinPaent GmbH, i4359 Berlin, Germany December 2021 Exhibit D Schedule 1 ••::•. tyler May 16, 2023 J - 53 • •••'•• tyler .,... • -chnologies Exhibit D Schedule 2 DocOrigin Terms REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Exhibit D Schedule 2 -6%. tylerR, May 16, 2023 J - 54 Exhibit D Schedule2 ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT IS BEING LICENSED TO YOU BY ECLIPSE CORPORATION WSL, INC_ (Eclipse Corporation) AND IS NOT BEING SOLD. TH9S SOFTWARE IS PRO4iDED UNDER THE FOLLUVVING AGREEMENT THAT SPECiFiES WHAT YOU MAY DO WITH THE SOFTWARE AND CONTAINS IMPORTANIT LIMITATONS ON REPRESENTATIONS, WARRANTIES, CONDMONS, .REMEDIES, AND LIABILITIES. Docoriuin SOFTWARE LICENSE IMPORTANT -READ CAREFULLY: This End -User License Agreement ('A+greernenV or 'EULW) is a legal agreement between you (either an individual person or a single legal entity, who Mn71 be referred to in this EULA .as "You") and Eclipse Corporation W SL, Ine_ referred to in this EULA as Erilpse Corporation, for the rDocOrigin software product that accompanies this EULA, including any associated media, printed materials and electronic documentafkn (the "Software). The Software also encompasses any software updates, add -on components, web servines andior supplements tI?at may be provided to you or made available to you after the date you obtain the initial ucopy of the Software to the extent that such items are not accompanied by a separate license agreement or terms of use. if yore receive the Sofikrrare under separate germs from your distributor, those terms will take precedence over any cantictmg terms of this EULA. By instaNing. copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this EULA. W you do not: agree to the terms of this EULA, do not install, access or use the Software, instead, you should remove the Software from all systems and receive a full refiund. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY YOU REPRESENT ARID WARRANT THAT jl} THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZES} TO ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND (11) SUCH ENTfTY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFO` 14 ITS OELIGAT/ONS HEREUNDER. 1_ LICENSETERMS 1.1 In his Agreement a -License Key) means any license key, aadvation code, or similar installation, amass or usage control codes. including serial numbers digitally created and or provided by Eclipse Corporation ,designed to provide unb-.ked access to the So"are and its functionality. 12 Evaluation License_ Subject to all of the terns and conditions of this Agreement, Eclipse Corporation grants You a limited. royalty -free. non-exclusive. nontransferable license to download and install a copy of the Software from wwwAocorigin_own on a single machine and use it on a royalty -free basis for no more than 120 days from the date of installation (the `Evaluation Period-). You may use the Software during the Evaluation Period solely for the purpose of testing and evaluating it to determine if You wish to obtain .a commercial, production license for the Software. This evaluation license grant will a:ilirmatkcafy end on expiry of the Evaluation Period and you acknowledge and agree that Eclipse Corporation will be under no obligation to renew or extend the Evaluation Period. If you wish to ow inue using the Software You may, on payment of the applicable fees, upgrade to a full Dense (as further described in section 1.3 below) on the terms of this Agreement and wil be issued w. i a License Key for the same_ If you do not wish to continue to license the Saftvra•*e after expiry of the Evaluation Period, then You agree to comply with the termination obligations set out in section [7 31 of this Agreement. For greater certainty, any documentgenerated by you under an evaluafion license wiH have a 'spoilee or watermanik on the output document_ Documents generated by DocOrigin software thathas a valid license key file also insta"ed will not have the `spoiler' produced. You are not permitted to remove the watermark or 'spathe,' from docurnents generated using the software under an evaluation 73cense. 1.3 Development and Testing Licenses_ Development and testirsg licenses are availabie for purchase through authorzed distributors and resellers of Eclipse Corporation only. Subject to all of the terms and conditions of this Agreement, Eclipse Corporation grants You, a. ;perpetual (sub)ect to terminat on by Eeiipse Corporation dote to your breach of the terms of this A.greementi, non-exclusive, non3ransferable, woridnire yi-i ,. Lyler 2 May 16, 2023 J - 55 Exhibit D Schedule 2 non -sub license able license to download and install a copy of the Software from www.docongin.eom on a single machine and use for development and testing to create collaterat deployatie to Your production system(s). You are not entitled to use a development and testing license for live prock.Ection purposes. 1.4 Production Licenses. Production ficenses are available for purchase through author'uzed distributors and resellers of Eclipse Corporation on?y. Subject to all of the terms and conditions of this Agreement. Eclipse Corporation grants You, a perpetua (subject to termination by Eclipse Cogxvat m duce to your breath of the terms of this Agreement). non -effusive, € on trar;sferable.. worldwide non -sub license able iecense to use the Software in accordance with the license type purdhased by you as set out on your purchase order as further described below. Foe -greater certainty, unless otherwise agreed in a putc;hase order concluded with .an approved distributor of the Software. and approved by Edipse Corporx-lion, the default license to the Software is a per -CPU license as described in A. below A- Per -CPU- The total number of CPUs on a computer used to operate the Software may not exceed the licensed quantity of CPUs. For purposes of this ]license me%+Ao: (a) CPUs may contain more than one processing core. each group of two (2) processing -cores is consider one (1) CPU_ and any remaining, unpa"red processing owe. wiff be deemed a CPU. rbj all CPUs on a computer on which the Software is installed shall be deemed to operate the Software unless 'You configure that computer (using; a reliable and verifiable means of hardware or software partitioning) such that the total number of CFUs that actually operate the Saftwwa is less thar, the total number an that computer- Virtual Machines ('VM7s'; are considered as a server. Installing and configuring the software on muMple il?Xs requires one license per VU seruren An enterprise Rinse is available upon request. Printing varies based on the size of the company. B_ Per -Document- This is defined as a fee per document based an the tom number of documents generated annually by merging data %ith a temptate created by the Software. The combsned data and tempiiate produce documents of one or more pages. A, document may contain 1 or more, pages_ For instance, a batch of invoices ,for 260 customers may eonta-n 1,000 pages, this will be counted as 250 documents which should co respond to 250 Jinvocaes_ C. Per -Surface. This is defined as a fee per surface based on the total number arf surfaces generated annually by merging data with a template created by the Software. The combined data and template produce documents of one or rrom pages, the pages may be printed one side (one surface) or dupliaired (2 surfaces). The documents may be rendeered to a computer file (Le. PDF), ea& page placed in the fHe is,considered a surface. A document may contain 1 or more surfaces. For instance, a batch of invoices for 250 customers may contain 500 pages duplexed. this will be counted as 1 DOD surfaces. 1.5 Wisaster Recovery License. You may request a Disaster Recovery i'icense of the Safiware far each production license You have purchased as a failover in the event of :loss of use of the ptoduction server(s). This license is for disaster recovery purposes only and uncle: no circumstance may the disaster recovery license be used for production simultaneously with a production lice nse with which it is paired. 1.6 Backup Copies- After installation of the 'oftware pursuant to this EULA, you may store a copy of the installation fifes for the Software solely for backup or archival purposes. Except as expressly provided in th is EULA,, you may -sot otherwise make copies of the Software or the printed materials aocompanying the Software. 1.7 Third -Party Software License Rights. If a separate license agreement pertaining to an item of third -party software is: delivered to You with the Software, included in the Software download package. or refererred in any material that is provider with true Software„ then such separate license agreement shall govern Your use of that items or version of Third -Party .Software. Ycvr rights in respect to any third -party software, third -party data, third -party software or other third -party content provided with the Software shall be limited to those rights necessary to operate the Software as pemyilted by this Agreement No other r ,hts in the Software or third -party software are granted to You_ -A tyler May 16, 2023 J - 56 Exhibit D Schedule 2 2. LICENSE RESTRICTIONS Any copies of the Software shall fncEude all tradernarks, copyright noL,ces, restricted rights legends, pmprietary mark'W, s and the like exactly as they appear on the copy of the Softwa-e originally provided to You_ You may not remove or alter any copyright. trademark andlor proprietary notices marked on any par: of the''Sofprrare or related documentation and must reproduce all such notices on all authorized copies of tr ie Software and rested documentation. You shall not sublicense, distribute or cthenWse make the Software available to any th,,mi ;party (incfaiding, without imitation, any contractor, franchisee, agent or dealer) without first rbtahi:n8 the written agreement of (a) Eclipse Corporation to that use. and (b) such third party to comply With this Agreements You further agree not to (i) rent, lease, self, sublicense, assign. or of%ernlse transfer the Saftware to anyone else: (s) d'rrezgly or indirectly use the Software or any inbrma•_ian .about the Software in the deveioprnent of any software that 'Is competitTve wit'r the Software, cr Qc ) use the Saftaare to operate or as a part & a time-sharing servce, outsourcing service, seivi a bureau, application service provider of managed servi•3e provider offering_ You further agree not to reverse engineer. de+r o mp4e, or disassemble the Software. 3. UPDATES, MAIi@TENANCE AND SUPPORT 3.1 During the validity period of Your License Key, You will be entitled to download the latest version of the Software from the DocOrigin website wwwr.docorigin.corn- Use o€ any updates provided to You shall be goimmed by the teams and contfitions of this Agreement Eclipse Corporation reserves the right at any time to not release or to discontinue ruse of any Sofbwam and to after prices. features, specifications. capabilities, functions, bacensirrg terms, release dates, general availability or other characteristics of the Software. 3.2 On expiry of your maintenance and support contract you will ?save the right to continue using the current versiontsj of the Software which you downloaded prior to the date of expiry of your, License Key. However, you with need to renew maintenance and support in order to receive a new License Key fiat will unlociu the more current versiori(s) of the Sofhvare_ Fcr greater certainty..- you attempt to use an eypired License Key is download the latest version of the Software, he Software will revert to being a lod,.ed. evaluation copy of that version of the Software. 4_ INTELLECTUAL PROPERTY RIGHTS_ This EULA does not grant you any rights :n comection with any trademarks or service marks of Edipse Corporation or DocO•ngsn. AN We and intellectual property rig►rts in and to the Software„ the accompanying printed matetials, and any copies of the Software are owned by Ec`iipse Corporation or its suppliers. All title .and in llectual property rights in and to the content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content If this Sotware contains documentation that is ,provided only in electronic form, you may print one co`oy of such eleerson►c documentation_ 70 THE GREATEST EXTENT PERMITTED BY LAW, THE L$CENSED SOFTWARE AND TECHNICAL SUPPORT PROVIDED BY ECLIPSE CORPORATION HEREUNDER ARE PROVIDED ON AN AS IS` BASiS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, 'EXPRESS OR IMPLIED, WRITTEN OR ORAL. ARISING BY STATUTE, OPERATION OF LAVA, COURSE OF DEA'LiNG. USAGE OF TRADE DR OTHERWISE, REGARDING THEM OR ANY OTHER ,PRODUCT OR SERVICE PROVIDED UNDER T14IS AGREEMENT OR IN CONNECTION WITH THIS AGREEMENT BY ECLIPSE CORPORATION ECLIPSE CORPORATION DISCLAIM ANY IMPLIED WARRANTIES OR CONDIT3ONS OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON4NFRINGEMENT_ ECUP'SE CORPORATION DOES NOT REPRESENT OR WARRAUT THAT THE SOFTWARE SHALL MEET ANY OR ALL OF YOUR PARTICULAR REQUIREMENTS. THAT THE SOFTWARE WILL OPERATE ERROR -FREE OR UN.?NTERRUFTED OR THAT ALL ERRORS OR DEFECTS IN THE SOFTWARE CAN BE FOUND OR CORRECTED. In certain jurisdictions, some or all of the provi=_ians in this Section may nct be effective or the applicable law may man date a more extensive warranty in which case the applicable law will preva4 a er this Agreement. y:;i•. tyler May 16, 2023 J - 57 Exhibit D Schedule 2 8. MDEMNIFICATION S. LIMITATIONS OF LIABILITY. 6.1 Eclipse Corporation shalt defend andror settle at its expense, any claims, actions, al"ations or proceedings against You to the extent arising out of cr relating to misappropriation or infringement by the Software of any third partys proprietary or intellectual property right ('Clahns ), and Eclipse Corporation shall pay all damages finafy awarded by a court of competent jurisdiction to such third party against You, or any settlemment amounts agreed by Eclipse Corporation: subject to the conditions that, You shalt now Eclipse Corporation promptfy of any You Claims, permit Eclipse Corporation to control the defense and settlement of such Claims and assist Eclipse fi rporation. at Eclipse Corporation's expense, in defending or settling such Claims_ Ecipse Corporation shall not be liable for any settlement amounts entered into by You without Eclipse Corporation's prior written approval. If Eclipse Corporation has reason to believe that it would be sutject to an injunctim or continuing damages based on the Software, then Eclipse Corporation may (and if Eclipse Corporation or any of it- customers or third party software supplileTs is subject to an injunction or continuing damages based on the Softwware), then: notwithstanding any other provision in this Agreement. Eclipse Corporation dealt are entitled to either modify the Software to make it nonanffinging and.+cr remove the misappropriated material, replace the Software or portion thereof, with a service or materials that provide substantially the sarne functionality or information, or, if neither of the foregoing ss commerciafy practicable, require You to cease using the Software and refund to You (a) a pro rata portion of any one (1) time fees (based one a three (3) year, straight-line depreda" schedule from the date of payment), and (b) any fees that (rave been pre -paid by You but are unused. The foregoing notwithstanding, Eclipse Corporation shall have no liability for a claim of iafrfngement or mkappmprxat on to the extent caused by (i) the ccrnbination of the Software with anyother service, software, data or products not pmvided 43,,, approved by Eclipse Corporation: or (1) the use of any material provided by You or any end users, (iii) any breach by You of this Agreement_ THE FOREGOINGIS, ECLIPSE CORPORATION'S SOLE AND EXCLUSIVE LIABILITY. AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY INFRINGEMENT OR MISAPPRORRIAT1ON OF ANY THIRD -PARTY INTELLECTUAL PROPERTY RIGHTS - TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL ECLIPSE CORPORATION BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ❑iRECT, INDIRECT, INCIDENTAL. SPECIAL. PUNITIVE. EXEMPLkRY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, LEGAL EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOST OR DA 161AGED tDP.TA, LOSS OF CCrA°IPUTER TIME, COST OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. EVEN IF ECLIPSE CORPORATON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSSES OR DAMAGES GES ARE FORESEEABLE. $.2 THE EN b IRE LIABILITY OF ECLIPSE CORPORATION AND YOUR EXCLUSrSIE REMEDY WITH RESPECT TO THE SOFTWARE AND TECHNICAL SUPPORT AND RIMY OTHER PRODUCTS OR .SERVICES SUPPLIED BY ECLIPSE CORPORATION IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR .ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTiON, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL BREACH OR NEGLIGENCE. WILL BE LIMITED IN THE AGGREGATE TO THE AMCD'JNTS PAID BY YOU FOR THE SOFTWARE, TECHNICAL SUPPORT OR SERVICES GIVING RISE TO THE CLAIM. 0.3 THE DISCLAIMER OF REPRESENTAMON , WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THM. AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS. WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER ECLIPSE CORPORATION NOR ANY OF ITS LICENSORS OR SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT. 7. TERM AND TERMINATION 7.1 The terra of this Agreement will begin on download of the Software and. in respect of an Evaluation License, shaft, cominue for the Evatuation Period, and in respect of ail other license types defined in Section 1, shhal continue for as Yang as You use the Software. unless earlier terminated sooner under this section 7. 7.2 Eclipse Corporation. may terminate this Agreement in the event of any breach by You if such breach has not been cured within thirty (.30) days of notice to Ycu. No temrirration of this Agreement xrJI entitle You to a refund of any amounts paid by You to Eclipse Corporation or its applicable distributor or resefer or affect any obligations You may have to pay any outstanding amounts owing to Eclipse Corporation or its distributor_ tyler • eciroUrres 5 May 16, 2023 J - 58 Exhibit D Schedule 2 7.3 Your rights to use the Software will immediately terminate upon termination or expiration of this Agreement Within thirty (3o) days of tera3inatior or expiration of Cris Agreement, You shall purge all Software and all copies thereof from at. computer systems and storage devices on which it was stored, and certify such to Eclipse Q kTioration 8. GENERAL PROVISIONS 8.1 No 'YVaiver_ No delay or failure in exercising any right under this Agreement, or any par',ial ar single exercise of any .dght will constitute a waiver of that right or any other rights under this Agreement. No consent to a breach of any express or implied tent set out in this Agreement constitutes consent to any subsequent breach, whether of the same or any other pnoviskn. 8.2 Severability. If any provision of this Agreement is, or becomes, unenforceable, it w1l be severed from this Agreement and the remainder of this Agreement will remain in full force and effect 8.3 Assignment You may not transfer or assign this Agreement (whether voluntarily, by operation of law or otherwise) without Eclipse Corporation's prior written consent EeFspse Corporation may assign this Agreement at any time without notice. This Agreement is binding upon and will inure to •,•toe benefit of both pares, and their respective successors and permitted assigns. 8.4 Governing Law and Venue if You are located in the USA. This Agreement shall be governed by the laws of the State of Texas if You are located in the USA_ No choice of laws rules of any jurisdiction shall apply to this Agreement You consent and agree that the courts of the State of Texas shag have jurisAction over any legal action or proceediing brought by You arising out of or relating to this agreement, and You consent to the jurisdiction of such courts for any such action or proceeding. 8.5 Governing Law and Venue if You are not located in the USA. This Agreement shall be governed by the laws of the Frovince of Ontario in Canada if Ye-: are not located in the USA . No choice of laws rules of any jurisdiction shall apply to this Agreement You consent and agree that fiecourts of the Province of Ontario in Canada shall have jurisdiction over any legal action or proceeding brought by You arising out of or relating to this Agreement, and You conserrtto the jurisdiction of such courts for any such action or proceeding. S.8 Entire Agreement_ Tttis Agreement is the entire understanding and agreement between You and Eclipse Corporation with respect to the subject matter hereof. and it supersedes all prior negatiations, commitments and unde-Ts andings, verbal -or written, and purchase order issued by You. This Agreement may be amended cr otherwise modified by Eclipse Corporation from time to time and the most recent version cif the Agreement will be available on the Eclipse Ccrpporatian viebsite www.docor%on.com. Last Updated: July 22, 2017 ••:. tyler •• cectuidog�s May 16, 2023 J - 59 Exhibit E ■ •••'�• tyler Exhibit E Statement of Work Statement of Workfollows this page. REMAINDEROF PAGE INTENTIONALLY LEFT BLANK May 16, 2023 J - 60 ■ tyler .� technologies City of Port Angeles, WA Statement of Work from Tyler Technologies, Inc. Presented to: City of Port Angeles, WA PO Box 1150 Port Angeles, WA 98362-0217 Contact: Tammy Little Email: Tammy.Little@TylerTech.com One Tyler Drive, Yarmouth, ME 04096 May 16, 2023 J - 61 Table of Contents PART 1: EXECUTIVE SUMMARY......................................................................................................1 1. Project Overview..............................................................................................................................1 1.1 Introduction..............................................................................................................................1 1.2 Project Goals.............................................................................................................................1 1.3 Methodology.............................................................................................................................1 PART 2: PROJECT FOUNDATION.....................................................................................................3 2. Project Governance..........................................................................................................................3 3. Project Scope Control........................................................................................................................4 3.1 Managing Scope and Project Change ..................... :..................................................................... 4 3.2 Change Control..........................................................................................................................4 3.3 Change Request Management....................................................................................................4 4. Acceptance Process..........................................................................................................................6 5. Roles and Responsibilities.................................................................................................................6 5.1 Tyler Roles & Responsibilities.....................................................................................................6 5.1.1 Tyler Executive Manager.....................................................................................................7 5.1.2 Tyler Implementation Manager...........................................................................................7 5.1.3 Tyler Project Manager.........................................................................................................7 5.1.4 Tyler Implementation Consultant........................................................................................8 5.1.5 Tyler Sales..........................................................................................................................8 5.1.6 Tyler Technical Services......................................................................................................8 5.1.7 Tyler API Services................................................................................................................9 5.1.8 Tyler Data Experts..............................................................................................................9 5.2 City of Port Angeles Roles & Responsibilities...............................................................................9 5.2.1 City of Port Angeles Executive Sponsor................................................................................9 5.2.2 City of Port Angeles Steering Committee..............................................................................9 5.2.3 City of Port Angeles Project Manager.................................................................................10 5.2.4 City of Port Angeles Functional Leads.................................................................................11 5.2.5 City of Port Angeles Power Users.......................................................................................12 5.2.6 City of Port Angeles End Users...........................................................................................12 5.2.7 City of Port Angeles Technical Lead....................................................................................12 5.2.8 City of Port Angeles Change Management Lead..................................................................13 PART 3: PROJECT PLAN................................................................................................................. 14 6. Project Stages.................................................................................................................................14 6.1 Initiate and Plan.......................................................................................................................15 6.1.1 Initial Coordination...........................................................................................................15 City of PortAnge Tyler Technologi May 16, 2023 J - 62 6.1.2 Project/Phase Planning.....................................................................................................16 6.1.3 Infrastructure Planning.....................................................................................................17 6.1.4 Stakeholder Meeting........................................................................................................18 6.1.5 Control Point 1: Initiate & Plan Stage Acceptance...............................................................19 6.2 Assess & Define.......................................................................................................................20 6.2.1 Solution Orientation.........................................................................................................20 6.2.2 Current & Future State Analysis......................................................................................... 20 6.2.3 Conversion Assessment....................................................................................................22 6.2.4 Intentionally left blank......................................................................................................23 6.2.5 Intentionally left blank......................................................................................................23 6.2.6 Control Point 2: Assess & Define Stage Acceptance............................................................. 23 6.3 Prepare Solution......................................................................................................................23 6.3.1 Initial System Deployment................................................................................................23 6.3.2 Configuration...................................................................................................................24 6.3.3 Process Refinement..........................................................................................................25 6.3.4 Conversion Delivery ..........................................................................................................27 6.3.5 Intentionally left blank.....................................................................................................29 6.3.6 Intentionally left blank......................................................................................................29 6.3.7 Control Point 3: Prepare Solution Stage Acceptance...........................................................29 6.4 Production Readiness...............................................................................................................29 6.4.1 Solution Validation...........................................................................................................29 6.4.2 Go -Live Readiness.............................................................................................................30 6.4.3 End User Training.............................................................................................................31 6.4.4 Control Point 4: Production Readiness Stage Acceptance....................................................32 6.5 Production ..............................................................................................................................33 6.5.1 Go-Live............................................................................................................................33 6.5.2 Transition to Client Services..............................................................................................34 6.5.3 Post Go -Live Activities.......................................................................................................35 6.5.4 Control Point 5: Production Stage Acceptance....................................................................36 6.6 Close .......................................................................................................................................36 6.6.1 Phase Closeout.................................................................................................................37 6.6.2 Project Closeout...............................................................................................................38 6.6.3 Control Point 6: Close Stage Acceptance............................................................................39 7. General Assumptions......................................................................................................................39 7.1 Project....................................................................................................................................39 7.2 Organizational Change Management........................................................................................39 7.3 Resources and Scheduling........................................................................................................40 7.4 Data........................................................................................................................................40 7.5 Facilities..................................................................................................................................41 8. Glossary .........................................................................................................................................42 PART4: APPENDICES..................................................................................................................... 45 9. Conversion.....................................................................................................................................45 City of Port Ange Tyler Technologi i May 16, 2023 J - 63 9.1 Enterprise ERP Conversion Summary ........................................................................................45 9.1.1 Accounting COA................................................................................................................46 9.1.2 Accounting - Actuals.........................................................................................................46 9.1.3 Accounting - Budgets........................................................................................................46 9.1.4 Accounts Payable Master..................................................................................................46 9.1.5 Accounts Payable - Checks................................................................................................47 9.1.6 Accounts Payable - Invoices...............................................................................................47 9.1.7 Capital Assets Master........................................................................................................47 9.1.8 Contracts.........................................................................................................................47 9.1.9 General Billing CID............................................................................................................47 9.1.10 General Billing— Bills.........................................................................................................47 9.1.11 Payroll.............................................................................................................................47 9.1.12 Payroll— PM Action History ...............................................................................................48 9.1.13 Payroll —Accrual Balances.................................................................................................48 9.1.14 Payroll — Accumulators.....................................................................................................48 9.1.15 Payroll— Check History ......................................................................................................48 9.1.16 Payroll— Earning/Deduction Hist.......................................................................................48 9.1.17 Payroll— Recruiting...........................................................................................................48 9.1.18 Project Grant Accounting..................................................................................................48 9.1.19 Project Grant Accounting - Actuals....................................................................................48 9.1.20 Project Grant Accounting— Budget....................................................................................49 9.1.21 Purchase Orders...............................................................................................................49 9.1.22 Utility Billing.....................................................................................................................49 9.1.23 Utility Billing —Backf low .....................................................................................................49 9.1.24 Utility Billing —Balance Forward AR....................................................................................49 9.1.25 Utility Billing —Budget Billing..............................................................................................49 9.1.26 Utility Billing —Consumption History ...................................................................................49 9.1.27 Utility Billing —Flat Inventory/Containers............................................................................49 9.1.28 Utility Billing—Assessments...............................................................................................49 9.1.29 Utility Billing — Work Orders..............................................................................................50 9.1.30 Utility Billing—Services......................................................................................................50 10. Additional Appendices................................................................................................................50 10.1 Enterprise ERP Standard 3rd Party Data Exchange & Application Programming Interfaces ............ 50 10.1.1 Planning...........................................................................................................................50 10.1.2 Validation........................................................................................................................51 10.2 Intentionally left blank.............................................................................................................53 11. Project Timeline..........................................................................................................................54 11.1 ERP Project Timeline................................................................................................................54 11.2 Intentionally left blank.............................................................................................................56 City of PortAnge Tyler Tech nologi May 16, 2023 J - 64 Part 1: Executive Summary 1. Project Overview 1.1 1 ntroduction Tyler Tech nologies ("Tyler") is the largest and most established provider of integrated software and technology services focused solely on the public sector. Tyler's end -to -end solutions empower pub licsector entities including local, state, provincial and federal government, too perate more efficiently and connect more transparently with their constituents and with each other. By connecting data and processes across disparate systems, Tyler's solutions transform how clients gain actionable insights that solve problems in their communities. 1.2 Project Goals This Statement of Work ("SOW") documents the methodology, implementation stages, activities, and roles and responsibilities, and project scope listed in the Investment Summary oft he Agreement between Tyler and the City of Port Angeles (collectively the "Project"). The overall goals of the project are to: ■ Successfully implementthe contracted scope on time and on budget ■ Increase operational efficiencies and empower users to be more productive ■ Improve accessibility and responsiveness to external and internal customer needs ■ Overcomecurrent challenges and meet futuregoals 1.3 Methodology This is accomplished by the City of Port Angeles and Tyler working as a partnership and Tyler utilizing its depth of implementation experience. While each Project is unique, all will foIlow Tyler's six -stage methodology. Each of the six stages is comprised of multiple work packages, and each work package includes an a rrative description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix. Tailored specifically for Tyler's publicsector clients, the project methodology contains Stage Acceptance Control Points throughout each Phaseto ensure adherence to scope, budget, timeline controls, effective communications, and quality standards. Clearly defined, the project methodology repeats consistently across Phases, and is scaled to meet the City of Port Angeles' complexity and organizational needs. City of Port Angeles, WA Tyler Technologies, Inc. May 16, 2023 J - 65 Tyler's Six Stage Project Methodology IRMATE t Ossm i PRE.M PRMUCTO PARDrtCT1I"# KO MIN SOWN RWINEZ The methodology adapts to both single-phase and multiple -phase projects. To achieve Project success, it is imperative that both the City of Port Angeles and Tyler commit to including the necessary leadership and governance. Duringeach stageof the Project, it is expected thatthe City of Port Angeles and Tyler Project teams work collaboratively to complete tasks. An underlying principle ofTyler's Implementation process is to employan iterative model wherethe Cityof Port Angeles' business processes are assessed, configured, validated, and refined cyclically in line with the project budget. This approach is used in multiple stages and work packages as illustrated in the graphic below. Iterative Project Model The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to complete the Project efficiently and effectively. City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 J-66 Part 2: Project Foundation 2. P roj ect G ove rn a n ce Project governance is them an agementframework within which Project decisions are made. The role of Project governance is top rovide a decision -making approach that is logical, robust, and repeatable. This allows organizations to have a structured approach for conducting its daily business in addition to project related activities. This section outlinesthe resources required to meet the business needs, objectives, and priorities for the Project, communicate the goals to other Project participants, and provide support and guidanceto accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change Control review and authority, and Organizational Change Management activities. Throughout the Statement of Work Tyler has provided RACI Matrices for activities to be completed throughoutthe implementation which will furtheroutline responsibilities of different roles in each stage. Further refinement of the governance structure, related processes, and specific roles and responsibilities occurs during the Initiate & Plan Stage. The chart below illustratesan overall team perspective where Tyler and the City of Port Angeles collaborate to resolve Project challenges according to defined escalation paths. If project managers do not possess authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and the City of Port Angeles Steering Committee become the escalation points to triage responses prior to escalation to the City of Port Angeles and Tyler executive sponsors. As part of the escalation process, each Project governance tier presents recommendations and supporting information to facilitate knowledge transfer and issue resolution. The City of Port Angeles and Tyler executive sponsors serveas the final escalation point. Project Governance Relationships Admm•i�� LEADERSHIP MUM SPONSOR EXECUTIVE SPONSOR Champions the prayed secures ky-& , provides 4 Provides oversW and udtrnate deddon-malift oversW aid Amate decision4mak6rg A'-, A• STEERING COMMITTEE IMPLE lENIARON MI N RER Monitors progress. goals and objectives { Monrters progress PROJECT MANAGER PROJECT MANAGER Oversees act schedule and tasks Oversees project schedule and tasks City of Port Angeles, WA Tyler Technologies, Inc. May 16, 2023 J - 67 I Project Scope Control 3.1 Managing Scope and Project Change Project Manage men tgovern anceprinciples contend that there are three connected con straintson a Project: budget, timeline, and scope. These constraints, known as the "triple constraints" or project management triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the work performed to deliver a product, service or result with the specified features and functions, while time is simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle, the other two sides must be correspond inglyadjusted. Forexample, if the scope of the Project is increased, cost and time to complete will also need to increase. The Project and executive teams will need to remain cognizant of these constraints when making impactfu I decisions to the Project. A simple illustration of this triangle is included here, showing the connection of each item and their relational impact to the overall Scope. Project Management Triangle A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level off lexibility to incorporate approved changes. Scope and changes within the project will be managed using the change control process outlined in the following section. 3.2 Change Control It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new constraints or opportunities are discovered). This Project is being undertaken with the understand ingthat Project scope, schedule, and/or cost may need to change to produce optimal results for stakeholders. Changes to contractual requirements will follow the change control process specified in the final contract, and as described below. 3.3 Change Request Management Should the need fora change to Project scope, schedule, and/or cost be identified duringthe Project, the change will be broughtto the attention of the Steering Committee and an assessment of the change will occur. While such changes may result in additional costs and delays relative to the schedule, some changes may result in less cost to the City of Port Angeles; forexample, the City of Port Angeles may decide it no City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 J-68 longer needs a deliverable originally defined in the Project. The Change Request will include the following information: ■ The nature of the change. ■ A good faith estimate of the additional cost or associated savings to the City of Port Angeles, if any. ■ The timetable for implementing the change. ■ The effect on and/or risk to the schedule, resource needs or resource responsibilities. The City of Port Angeles will use its good faith efforts to either approve or disapprove any Change Request within ten (10) Business Days (or other period as mutuaIIyagreeable between Tyler and the City of Port Angeles). Any changes to the Project scope, budget, or timeline must be documented and approved in writing using Change Request form. These changes constitute formal amendment to the Statement of Work and will supersede any conflictingterm in the Statement of Work. Change Request Process A 1 11I •U d. ,, CLIENT IDENTIFIES TYLERASSESSESI CLIENT DETAILS If TYLER AGREES CLIEHTAUTHORIZES SCHEDULE ADJUSTED TO NEE➢I DESIRE FOR DETERMINES OUT NEED IN CHANGE WTSH THE REQUEST OR DECLINES THE ACCOMMODATE THE """" OFSCOPE REQUEST FORM — CHANGE CHANGE IF NECESSARY fi W W-W u, rteuaest — a2DaWPo' talent, taduftaudtbnarae usm aftfW seTeambraemat ©M*w tlntmd ftm the dwx9 City of Port Angeles, WA Tyler Technologies, Inc. Page (5 May 16, 2023 J - 69 4. Acceptance Process The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success of the Project that each City of Port Angeles office or department designates specific individuals forma king decisions on behalf of their offices or departments. Both Tyler and the City of Port Angeles will identify representative project managers. These individuals will represent the interests of all stakeholders and serve as the primary contacts between the two organizations. The coordination of gaining City of Port Angeles feedback and approval on Project deliverables will be critical to the success of the Project. The City of Port Angeles project manager will strive to gain deliverable and decision approvalsfrom all authorized City of Port Angeles representatives. Given thatthe designated decision -maker for each department may not always be available, there must be a designated proxyforeach decision point in the Project. Assignment of each proxywill be the responsibility of the leadership from each City of Port Angeles department. The proxies will be named individualsthat havethe authorization to make decisions on behalf of their department. The following process will be used for accepting Deliverables and Control Points: The City of Port Angeles shall have ten (10) business days from the date of delivery, or as otherwise mutually agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the City of Port Angeles does not provide formal acceptance or acknowledgement and does not reject the deliverable as not satisfactory within ten (10) business days, or the otherwise agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. If the City of Port Angeles does not agree the Deliverable or Control Point meets requirements, the City of Port Angeles shall notify Tyler project manager(s), in writing, with reasoning within ten (10) business days, or the otherwise agreed-upontimeframe, not to be unreasonably withheld, of receipt of the Deliverable. Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The City of Port Angeles shall then have five (5) business days from receipt of the redelivered Deliverable or Control Pointto accept or again submit written notification of reasonsfor rejecting the milestone. If the City of Port Angeles does not provide acceptance within five (5) business days, ortheotherwiseagreed upon timeframe, notto be unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted. 5. Roles and Responsibilities The followingdefinesthe roles and responsibilities of each Project resource for the City of Port Angeles and Tyler. Roles and responsibilities may not follow the organizational chart or position descriptions at the City of Port Angeles, but are roles defined within the Project. It is common for individual resources on both the Tyler and City of Port Angeles project teams to fill multiple roles. Similarly, it is common for some roles to be filled by multiple people. 5.1 Tyler Roles & Responsibilities Tyler assigns a project manager priorto the start of each Phase of the Project (some Projects may only be one Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise. City of Port Angeles, V Tyler Technologies, In( May 16, 2023 J - 70 5.1.1 Tyler Executive Manager Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation process. This team member offers additional support to the Project team and collaborates with other Tyler department managers as needed to escalate and facilitate implementation Project tasks and decisions. ■ Provides clear direction forTyler staff on executing on the Project Deliverables to align with satisfying the City of Port Angeles' overall organizational strategy. ■ Authorizes required Project resources. ■ Resolves all decisions and/or issues not resolved at the implementation management level as part of the escalation process. ■ Acts as the counterpart tot he City of Port Angeles' executive sponsor. 5.1.2 Tyler Implementation Manager ■ Tyler implementation management has indirect involvement with the Project and is part of the Tyler escalation process. The Tyler project managers consult implementation management on issues and outstanding decisions critical to the Project. Implementation management works toward a solution with the Tyler Project Manageror with City of Port Angeles management as appropriate. Tyler executive management is the escalation point forany issues not resolved at this level. ■ Assigns Tyler Project personnel. ■ Provides support forthe Project team. ■ Provides management support for the Project to ensure it is staffed appropriately and staff have necessary resources. ■ Monitors Project progress including progress towards agreed upon goals and objectives. 5.1.3 Tyler Project Manager The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources between departments, management of the Project budget and schedule, effective risk, and issue management, and is the primary point of contact forall Project related items. As requested by the City of Port Angeles, the Tyler Project Manager provides regular updates including biweeklystatus reports and biweekly status calls to the City of Port Angeles Steering Committee and other Tyler governance members. Status calls increase to weekly leading up to each phase go live. Tyler Project Manager's role includes responsibilities in the followingareas: 5.1.3.1 Contract Management ■ Validates contract compliance throughoutthe Project. ■ Ensures Deliverables meet contract requirements. ■ Acts as primary point of contact for all contract and invoicing questions. ■ Prepares and presents contract milestone sign -offs foracceptance by the City of Port Angeles project manager(s). ■ Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance. 5.1.3.2 Planning ■ Delivers project planning documents. ■ Defines Project tasks and resource requirements. ■ Develops initial Project schedule and Project Management Plan. City of Port Angeles, Wf Tyler Technologies, Inc. May 16, 2023 J - 71 Collaborates with the City of Port Angeles project managers) to plan and schedule Project timelines to achieve on -time implementation. 5.1.3.3 Implementation Management ■ Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus actual are transparent and handled effectively and efficiently. ■ Establishesand manages a schedule and Tyler resources that properly support the ProjectSchedule and are also in balance with Scope/budget. ■ Establishes risk/issue tracking/reporting process between the City of Port Angeles and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparencyto the City of Port Angeles any items that may impact the outcomes of the Project. ■ Collaborates with the City of Port Angeles' project manager(s) to establish key business drivers and success indicators that will help to govern Project activities and key decisions to ensure a quality outcome of the project. ■ Collaborates with the City of Port Angeles' project manager(s) to set a routine communication plan that will aide all Project team members, of both the City of Port Angeles and Tyler, in understanding the goals, objectives, status, and health of the Project. 5.1.3.4 Resource Management ■ Acts as liaison between Project team and Tyler manager(s). ■ Identifies and coordinates all Tyler resources across all applications, Phases, and activities including development, forms, installation, reports, implementation, and billing. ■ Provides direction and supportto Project team. ■ Managesthe appropriate assignment and timely completion of tasksas defined in the Project Schedule, task list, and Go -Live Checklist. ■ Assessesteam performance and adjusts as necessary. ■ Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks. 5.1.4 Tyler Implementation Consultant ■ Completestasks as assigned by the Tyler project manager(s). ■ Documents activities forservices performed by Tyler. ■ Guides the City of Port Angeles through software validation process following configuration. ■ Assists during Go -Live process and provides support until the City of Port Angeles transitionsto Client Services. ■ Facilitates training sessions and discussions with the City of Port Angeles and Tyler staff to ensure adequate discussion of the appropriate agenda topics during the allotted time. ■ May provide conversion review and error resolution assistance. 5.1.5 Tyler Sales ■ SupportsSalesto Implementation knowledge transfer during Initiate& Plan. ■ Provides historical information, as needed, throughout implementation. ■ Participates in pricing activities if additional licensing and/orservices are needed. 5.1.6 Tyler Technical Services ■ Maintains Tyler infrastructure requirements and designdocument(s). ■ Involved in system infrastructure planning/review(s). City of Port Angeles, Tyler Technologies, i May 16, 2023 J - 72 ■ Provides first installation of licensed software within itia I database on servers. ■ Supports and assists the project team with technical/environmental issues/needs. ■ Deploys Tyler products. ■ Provides technical training. ■ Conducts GIS Planning. ■ Reviews GIS data and provides feedback to the City of Port Angeles. ■ Loads City of Port Angeles provided GIS data into the system. 5.1.7 TylerAPI Services ■ Provides training in the use of the API Toolkit. ■ Provides consulting services in the use of the API Toolkitto the City of Port Angeles, as the City of Port Angeles builds interfaces. 5.1.8 Tyler Data Experts ■ Validates that customerdatafiles are in proper format. ■ Develops customized conversion programs, as necessary, to convert Legacy System data into the Tyler database for production useaccordingto defined mapping. ■ Provides error Reports on unsupported data conditions and the merging or normalization of data fields. ■ Assists the City of Port Angeles with understanding and interpreting error Reports. ■ Performs changes and corrections to customized conversion programs asthe City of Port Angeles completes the data review. ■ Provides conversion consultingand mapping assistance. 5.2 City of Port Angeles Roles & Responsibilities City of Port Angeles resources will be assigned prior to the start of each Phase of the Project. One person may be assigned to multiple Project roles. 5.2.1 City of PortAngeles Executive Sponsor The City of Port Angeles executive sponsor provides support to the Project by providing strategic direction and communicating key issues about the Project and its overall importanceto the organization. When called upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive sponsor engages in the Project, as needed, to provide necessary support, oversight, guidance, and escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the City of Port Angeles steering committee, project manager(s), and functional leads to make critical business decisions for the City of Port Angeles. ■ Championsthe project at the executive level to secure buy -in. ■ Authorizes required project resources. • Actively participates in organizational change communications. 5.2.2 Cityof Port Angeles Steering Committee The City of Port Angeles steering committee understands and supports the cultural change necessary for the Project and fosters an appreciation forthe Project's value throughout the organization. The steering City of PortAnge TylerTechnologi May 16, 2023 J - 73 committee oversees the City of Port Angeles project managerand Project through participation in regular internal meetings. The City of Port Angeles steering committee remains updated on all Project progress, Project decisions, and achievement of Project milestones. The City of Port Angeles steering committee also serves as primary level of issue resolution forthe Project. ■ Works to resolve all decisions and/or issues not resolved at the project manager level as part of the escalation process. ■ Attendsall scheduled steering committee meetings. ■ Provides supportforthe project team. ■ Assists with communicating key project messages throughoutthe organization. ■ Prioritizes the project within the organization. ■ Ensures the project staffed appropriately and that staff have necessary resources. ■ Monitors project progress including progress towards agreed upon goals and objectives. ■ Has the authority to approveor deny changes impacting the following areas: o Cost o Scope o Schedule o Project Goals o City of Port Angeles Policies or Washington State Law o Needs of other client projects 5.2.3 City of PortAngeles Project Manager The City of Port Angeles shall assign project manager(s) prior to the start of this project with overall responsibility and authority to make decisions related to Project Scope, scheduling, and task assignment. The City of Port Angeles Project ManagershouId communicate decisions and commitments to the Tyler project manager(s) in a timely and efficient manner. When the City of Port Angeles project manager(s) do not have the knowledge or authority to make decisions, he or she engages the necessary resources to participate in discussions and make decisions in a timely fashion to avoid Project delays. The City of Port Angeles project manager(s) are responsiblefor reporting to the City of Port Angeles steering committee and determining appropriate escalation points. 5.2.3.1 Contract Management ■ Validates contract compliance throughout the project. ■ Ensuresthat invoicingand Deliverables meet contract requirements. ■ Acts as primary point of contact forall contract and invoicing questions. Collaborates on and sends Change Requests forapproval, if needed, to ensure proper scope and budgetary compliance. 5.2.3.2 Planning ■ Reviews and accepts project planning documents. ■ Defines project tasks and resource requirements forthe City of Port Angeles project team. ■ Collaborates in the developmentand approvalof the project schedule. ■ Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on -time implementation. 5.2.3.3 Implementation Management ■ CoordinatewiththeTyler project manager to tightly manageproject budgetandscope. City of Port Tyler Tech n W May 16, 2023 J - 74 ■ Collaborates with Tyler project managers) to establish a process and approval matrix to ensure that scope changes and budget (planned versus actual) are transparent and handled effectively and efficiently. ■ Co Ila bo rates with Tyler project manager to establish and manage a schedule and resource plan that properly supports the project schedule as a wholeand is also in balance with scope and budget. ■ Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process between the City of Port Angeles and Tyler and takes all necessary steps to proactively mitigate these items or communicate with transparency to Tyler any items that may impact the outcomes of the project. ■ Collaborates with Tyler project manager(s) to establish key business drivers and success indicators that will help to govern project activities and key decisions to ensure a quality outcome of the project. ■ Routinely communicates with both the City of Port Angeles staff and Tyler, aiding in the understanding of goals, objectives, current status, and health of the project by all team members. Managesthe requirements gathering process and ensure timely and quality business requirements are being provided to Tyler. 5.2.3.4 Resource Management ■ Acts as liaison between project team and stakeholders. • Identifies and coordinates all City of Port Angeles resources across all modules, phases, and activities including data conversions, forms design, hardware and software installation, reports building, and satisfying invoices. ■ Provides direction and supportto project team. ■ Builds partnerships among thevarious stakeholders, negotiating authority to move the project forward. ■ Manages the appropriate assignment and timely completion of tasks as defined. ■ Assesses team performance and takes corrective action, if needed. ■ Provides guidance to City of Port Angeles technical teams to ensure appropriate response and collaboration with Tyler Technical Support Teams to ensuretimely response and appropriate resolution. ■ Owns the relationship with in-Scope3rd party providers and aligns activities with ongoing project tasks. ■ Ensures that users have appropriate access to Tyler project toolsets as required. ■ Conducts training on proper use oftoolsets. ■ Validates completion of required assignments using toolsets. 5.2.4 City of PortAngeles Functional Leads ■ Makes business process change decisions undertime sensitive conditions. ■ Communicates existing business processes and procedures to Tyler consultants. ■ Assists in identifying business process changes that may require escalation. ■ Contributes business process expertise for Current& Future State Analysis. ■ Identifies and includes additional subjectmatter experts to participate in Current & Future State Analysis. ■ Validates that necessary skills have been retained by end users. ■ Provides End Users with dedicated time to complete required homework tasks. ■ Acts as an ambassador/champion of changeforthe new process and provide business process change support. ■ Identifies and communicates any additional training needs or scheduling conflicts to the City of Port Angeles project manager. City of PortAngeles, Tyler Technologies, It May 16, 2023 J - 75 ■ Actively participates in all aspects of the implementation, including, but not limited to, the following key activities: o Task completion o Stakeholder Meeting o Project Management Plan development o Schedule development o Maintenanceand monitoring of risk register o Escalation of issues o Communication with Tyler project team o Coordination of Cityof Port Angeles resources o Attendance at scheduled sessions o Change management activities o Modification specification, demonstrations, testing and approval assistance o Data analysis assistance o Decentralized end user training o Process testing o Solution Validation 5.2.5 CityofPortAngeles Power Users ■ Participate in project activities as required by the project team and project manager(s). ■ Provide subject matter expertise on the City of Port Angeles business processes and requirements. ■ Act as subject matter experts and attend Current & Future State Analysis sessions as needed. ■ Attend all scheduled training sessions. ■ Participate in all required post -training processes as needed throughout project. ■ Test all application configuration to ensure it satisfies business process requirements. ■ Become application experts. ■ Participate in Solution Validation. ■ Adopt and support changed procedures. ■ Complete all deliverables by the due dates defined in the project schedule. ■ Demonstrate competency with Tyler products processing priorto Go -live. ■ Provide knowledge transfer to the Cityof Port Angeles staff during and after implementation. ■ Participate in conversion review and validation. 5.2.6 Cityof PortAngeles End Users ■ Attend all scheduled training sessions. ■ Become proficient in application functions related to job duties. ■ Adoptand utilize changed procedures. ■ Complete all deliverables by the due dates defined in the project schedule. ■ Utilize softwareto performjob functions at and beyond Go -live. 5.2.7 Cityof Port Angeles Technical Lead ■ Coordinates updates and releases with Tyler as needed. ■ Coordinatesthe copying of source databases to training/testing databases as needed for training days. ■ Coordinates and adds new users, printers and other peripherals as needed. ■ Validates that all users understand log -on process and have necessary permission forall training sessions. City of Port Ang Tyler Tech n o lo g W May 16, 2023 J - 76 ■ Coordinates interface develop mentforCity of Port Angeles third party interfaces. ■ Develops or assists in creating reports as needed. ■ Ensures on -site system meets specifications provided by Tyler. ■ Assists with software installation as needed. ■ Extracts and transmits conversion data and control reports from the City of Port Angeles' legacy system per the conversion schedule set forth in the project schedule. 5.2.7.1 City of Port Angeles GIS ■ Participates in GIS planning activities. ■ Responsibleformanagementand maintenanceof City of Port Angeles GIS infrastructureand data. ■ Ensures GIS data/service endpoints are in alignment with Tyler software requirements. ■ Provides Tyler implementation team with GIS data/service access information. 5.2.7.2 City of Port Angeles Upgrade Coordination ■ Becomes familiar with the software upgrade process and required steps. ■ Becomes familiar with Tyler's releases and updates. ■ Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest helpful tools to manage the City of Port Angeles' software upgrade process. ■ Assists with the software upgrade process during implementation. ■ Manages software upgrade activities post -implementation. ■ Manages software upgrade plan activities. ■ Coordinates software upgradeplan activities with City of Port Angeles and Tyler resources. ■ Communicates changes affecting users and department stakeholders. ■ Obtains department stakeholder acceptance to upgrade production environment. 5.2.8 City of PortAngeles Change Management Lead ■ Validates that users receive timely and thorough communication regarding process changes. ■ Provides coaching to supervisorsto prepare them to support users through the project changes. ■ Identifiesthe impact areas resulting from project activities and developsa plan to address them proactively. ■ Identifies areas of resistance and developsa plan to reinforce the change. ■ Monitors post -production performanceand new process adherence. City of Port Angeles, W, Tyler Technologies, Inc. May 16, 2023 J - 77 Part 3: Project Plan Project Stages Work Breakdown Structure The Work Breakdown Structure (WBS) is a hierarchical representation of a Projector Phase broken down into smaller, more manageable components. Thetop-level components are called "Stages" and the second level components are called "Work Packages". The work packages, shown below each stage, contain the high-level work to be done. The detailed Project Schedule, developed during Project/Phase Plan ningand finalized during subsequentstages, lists the tasks to be completed within each work package. Each stage ends with a "Control Point", confirming the work performed during that stage of the Project has been accepted by the City of Port Angeles. Work Breakdown Structure BS) *Items noted with an asterisk in the graphic above relate tospedflc products and services. ffthose products andservicesare not included in the scope of the contracC these specific work packages WUi be noted as "Intentionally Left Blank' in Section 6 ofthe Statementof Work. City of Port Angeles, W Tyler Technologies, Inc. May 16, 2023 J - 78 6.1 Initiate and Plan The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a foundation for the Project by identifying and establishing sequence and timing for each Phaseas well as verifying scope forthe Project. This stage will be conducted at the onset of the Project, with a few unique items being repeated forthe additional Phases as needed. 6.1.1 Initial Coordination Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources will be assigned later in the Project as a Project schedule is developed. Tyler provides the City of Port Angeles with initial Project documents used to gather names of key personnel, their functional role as it pertains to the Project, as well as any blackout dates to consider for future planning. The City of Port Angeles gathers the information requested by the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer of vital information from the sales process prior to scheduling a Project Planning Meeting with the City of Port Angeles' team. During this step, Tyler will work with the City of Port Angeles to establish the date(s) forthe Project and Phase Planning session. Objectives: ■ Formally launch the project. ■ Establish project governance. ■ Define and communicate governance forTyler. ■ Identify City of Port Angeles project team. STAGE 1 Initial Coordination Tyler City of Port Angeles RACI MATRIX KEY: R = Responsible o A=Accountable a C = Consulted C N C N I = Informed a`, on U " Z a� o a, a, D- w m (cU C O tO C O N V_ s' C Ocl- _ N (a M N bn L Y _N n (O Q Ln (UU O 7 U N v N L-U "- -CO) U C N + a O C V 'p O c N U C w p, a d n @ t] Ur- L.1 a w a`. ti V -0 O N ❑ -a LU Tyler project team is assigned A R I C City of Port Angeles project AR team is assigned Provide initial project documents to the City of Port A R C L I Angeles Gather preliminary information q R C C C C requested --r — Sales to implementation A R I knowledge transfer City of Port Angeles, WA Tyler Technologies, Inc. ... May 16, 2023 J-79 Create Project Portal to store project artifacts and facilitate L UAR communication Inputs Contract documents Statement of Work Outputs/Deliverables Completed initial project documents Project portal Work package assumptions: ■ Project activities begin after the agreement has been fully executed. 6.1.2 Project/Phase Planning Project and Phase planning provides an opportunity to review the contract, software, data conversions and services purchased, identify applications to implement in each Phase (if applicable), and discuss implementation timeframes. During this work package Tyler will work with the City of Port Angeles to coordinate and plan a formal Project planning meeting(s). This meeting signifies the start of the Project and should be attended by all City of Port Angeles Project team members and the Tyler Project Manager. The meeting provides an opportunity forTyler to introduce its implementation methodology, terminology, and Project management best practices to the City of Port Angeles' Project Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss Project communication, metrics, status reporting and tools to be used to measure Project progress and manage change. Tyler will work with the City of Port Angeles Project Team to prepare and deliver the Project Management Plan as an output of the planning meeting. This plan will continueto evolve and grow as the Project progresses and will describe how the project will be executed, monitored, and controlled. During project planning, Tyler will introduce the tools that will be used throughoutthe implementation. Tyler will familiarize the City of Port Angeles with these tools during project planningand make them available for review and maintenance as applicable throughoutthe project. Some examples are Solution validation plan, issue log, and go -live checklist. STAGE 1 Project/Phase Planning City of Port An�•eles City of Port Angeles, WA Tyler Technologies, Inc. W_ low May 16, 2023 J-80 RACI MATRIX KEY: R = Responsible o A = Accountable C = Consulted ru C: = N J I= Informed `w 2 U a) a) ON v c °' aL Q -a tin(6 N C s.. 40 N (0 C O V) U_ OJ O E N W f9 fp N U UJ N O I N fd QJ 1 c c a) +� U o N N CLU ,U E V) 00 +� O a) txo a.+ E a)u N Q OL Q O U ° N D N U O c -O U °) w E a E 0 w s a Li o w Schedule and conductplanning A R I C C I session(s) Develop Project i R C C Management Plan �* Develop Project 5 C t Operational Plan Develop initial rrojectschedule Inputs Contract documents Statement of Work Guide to Starting Your Project Outputs / Deliverables Acceptance Criteria [only] for Deliverables Project Management Plan Delivery of document Project Operational Plan Delivery of document Initial Project Schedule City of Port Angeles provides acceptance of schedule based on resource availability, project budget, and goals. Work package assumptions: ■ City of Port Angeles has reviewed and completed the Guide to Starting Your Project document. 6.1.3 Infrastructure Planning Procuring required hardware and setting it up properly is a critical part ofa successfuIimp lementation.This task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building the environments fora hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will install Licensed Software on application server(s) or train the City of Port Angeles to install License Software. The City of Port Angeles is responsible forthe installation and setup of all peripheral devices. Objectives: Ensure the City of Port Angeles' infrastructure meets Tyler's application requirements. Ensure the City of Port Angeles' infrastructure is scheduled to be in place and available for use on time. City of Port Angeles, W Tyler Technologies, Inc May 16, 2023 J - 81 STAGE 1 I nfrastructure Planning Tyler City of Port Angeles RACI MATRIX KEY: R = Responsible L - J A =Accountable c m u U Z (U o tf c E (UC=Consulted w 0 I= Informed a`, c o E ,`v„ 0 v W = to Q N U (n Q U .� cC� L Q X (6 fD N G U C Q G >^ @ _ Q U N •� _ n. W 0 U N N Ul U C C tv " d -p V W C C li. C C N c c v - W Y d U- l] 7 (U W Provide Infrastructure Requirements and Design A R C Document Initial Infrastructure A R C C C C Meeting *Schedule SaaS Environment Availability p R � i *Schedule Hardware to be Available for I A R C Installation Schedule Installation of All Licensed Software A I~ I Infrastructure Audit A R C C *Asa pplicable— activity may not apply to all phases Inputs 1. Initial Infrastructure Requirements and Design Document Outputs / Acceptance Criteria [only] for Deliverables Deliverables 1. Completed Infrastructure Requirements Delivery of Document and Design Document 2. Infrastructure Audit System Passes Audit Criteria 6.1.4 Stakeholder Meeting Communication of the Project plan n ing outcomes to the City of Port Angeles Project team, executives and other key stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain commitment, and instill confidence in the City of Port Angeles team. During the meeting, the goals and objectives of the Project will be reviewed alongwith detail on Project scope, implementation methodology, roles and responsibilities, Project timeline and schedule, and keys to Project success. Objectives: ■ Formally present and communicate the project activities and timeline. ■ Communicate project expectations. STAGE 1 Stakeholder Meeting Ci of Port An eles City of Port Angeles, Tyler Technologies,, W -- May 16, 2023 J - 82 RACI MATRIX KEY: R = Responsible o A =Accountable-- a C = Consulted 1 = Informed `w hD u° Q) ON a °flxC E W C �. a) f 6 C Q) u () (6 N -p a) 0 Q) = f0 cm G C C Q) Y In U _ S' o E U J f6 N N N Ln Q j E N +u E Q LiJ cp ro 4) N > GD E +� C O Q) E Q) U 7 X 0 _T C N 7 XcL NcL v N Ql C N W E m O CO L W v'1 d 7 u- L - W H Create Stakeholder I A R I I I C Meetin& Presentation Review Stakeholder I C C Meeting Presentation Perform Stakeholder A P I I I I r, I I I I I I Meetin& Presentation Inputs Agreement SOW Project Management Plan Outputs / Deliverables Acceptance Criteria [only] for Deliverables Stakeholder Meeting Presentation Work package assumptions: ■ None 6.1.5 Control Point 1: Initiate& PlanStageAcceptance Acceptance criteria forthis stage includes completion of all criteria listed below. Note: Advancement to the Assess & Define stage is not dependent upon Tyler's receipt of this stage acceptance. Initiate & Plan Stage Deliverables: ■ Project Management Plan • Initial P roject Sch ed u le I In itiate & Plan Stage Acceptance Criteria: ■ All stage deliverables accepted based on acceptance criteria previously defined ■ Project governance defined ■ Project portal made available to the City of Port Angeles ■ Stakeholder meeting complete ■ Completed Infrastructure Requirements and Design Document ■ System Passes Infrastructure Audit (as applicable) City of Port Angf Tyler Tech n o lo g W May 16, 2023 J - 83 6.2 Assess & Define The Assess & Define stage will provide an opportunity to gather information related to current City of Port Angeles business processes. This information will be used to identify and define business processes utilized with Tyler software. The City of Port Angeles coIlaborates with Tyler providing complete and accurate information to Tyler staff and assisting in analysis, understand ingcurrentworkflows and business processes. 6.2.1 Solution Orientation The Solution Orientation provides the Project stakeholders high-level understanding of the solution functionality priorto begin ningthe current and future state analysis. The primary goal is to establish a foundation for upcoming conversations regarding the design and configuration of the solution. Tyler utilizes a variety of tools forth Solution Orientation, focusing on City of Port Angeles team knowledge transfers uch as: eLearning, documentation, or walkthroughs.The City of Port Angeles team will gain abetter understanding of the major processes and focus on data flow, the connection between configuration options and outcome, integration, and terminology that maybe unique to Tyler's solution. Objectives: ■ Provide a basic understanding of system function ality. ■ Prepare the City of Port Angeles for current and future state analysis. STAGE 2 Solution Orientation r.-.r City of Port Angeles RACI MATRIX KEY: R = Responsible w 3 A = Accountable C = Consulted b° ' J I =informed a` bn C o a°1, a o C O N C O N U O E U1 on 'p ra v W al ra (U 2 Vl cu r N m N VI Q. N U N a E O C J _ Cam (O + fQ a� C N J j �-+ x W rru U (6 U In j C ++ C O N +-' E t' N U 7 Ql U Ql a 4- C +' U o i-+ ca 00 92avu C W d a- W I IT Provide pre -requisites A I R I I I I Complete pre -requisites A R I=C C Conduct orientation A 1 R ��T I Inputs Solution orientation materials Training_Plan 6.2.2 Current& Future State Analysis The Current & Future State Analysis provides the Project stakeholders and Tyler an understandingof process changes that will be achieved with the new system. The City of Port Angeles and Tyler will evaluate current state processes, options within the new software, pros and cons of each based on current or desired state and make decisions about the future state configuration and processing. This may occur before or within the same timeframe as the configuration work package. The City of Port Angeles, W Tyler Technologies, Inc. May 16, 2023 J - 84 options within the new softwarewill be limited to the scope of this implementation and will make use of standard Tyler functionality. The City of Port Angeles will adoptthe existing Tyler solution wherever possible to avoid project schedule and quality risk from over customization of Tyler products. It is the City of Port Angeles' responsibility to verify that in -scope requirements are being met throughoutthe implementation if functional requirements are defined as part of the contract. The following guidelines will be followed when evaluating if a modification to the product is required: ■ A reasonable business process change is available. ■ Functionality exists which satisfies the requirement. ■ Configuration of the application satisfies the requirement. ■ An in -scope modification satisfiesthe requirement. Requirements that are not met will follow the agreed upon change control process and can have impacts on the project schedule, scope, budget, and resource availability. STAGE 2 Cu rrent & Future State Analysis Tyler City of Port Angeles RACI MATRIX KEY- R = Responsible o A =Accountable a�— C = Consulted M J Y tf I = Informed �, v V cz- a)a v on C f6 p bA f0 O •— to v VI N C O E to f0Q. c6 @ w L N n = N y O (n U vl O M g J to to J �(A v n WwC ODg E v 7 UUN _N a- _N O u C •22 = W QJ U O pp L ) a M N ? -O CO lL sO E T i O w Current State process A R I I I C C C C C review Discuss future -state A R C C C r C C C C options Make future -state decisions (non -COTS) C C A R I C C Document anticipated configuration options A R C C C required to support future state Inputs City of Port Angeles current state documentation Solution Orientation completion Outputs / Acceptance Criteria (only] for Deliverables Deliverables Documentation that describes future -state Delivery of document decisions and configuration options to support future -state decisions. Work package assumptions: City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 1 - 85 ■ Tylerwill provide product information and recommendations for best practices to ensure thatthe City of Port Angeles understands options. ■ City of Port Angeles attendees possess sufficient knowledge and authority to make future state decisions. ■ The City of Port Angeles is responsible forany documentation of current state business processes. ■ The City of Port Angeles can effectively communicate current state processes. 6.2.3 Conversion Assessment Data Conversions are a major effort in any software implementation.Tyler's conversion tools facilitate the predictable, repeatable conversion process that is necessary to support successful transition to the Tyler system. The first step in this process is to perform an assessment of the existing ( "legacy") system(s), to better understand the source data, risks, and options available. Once the data has been analyzed, the plan for data conversion is completed and communicated to the appropriate stakeholders. Objectives: ■ Communicate a common understanding of the project goals with respect to data. ■ Ensure complete and accurate source data is available for review/transfer. ■ Map the data from the source to the Tyler system. ■ Documentthe data conversion/loading approach. STAGE 2 Data Conversion Assessment Tyler City of Port Angeles/KoaHills RACI MATRIX KEY: I R = Responsible o A=Accountable v .2 PL. C = Consulted � C N N J + N I= Informed a, U `' N o v E Q C O aJ C O a) (n U N N CO E W W -O r0 N rru W N a) 2 N M a) .N v M +�+ a) 'C Q O ro N UCL z v1 O U J ro C: ry r0 C J N X Lt1 U M U a) n > C C U a) U 7 a) Q cu 'p _a) D_ "— C U — T 7 aUj 'p u C rU N` �_ W O- 'D C tLj W d c0 L LJ W a-+ n. ll L W a) Extract Data from Source Systems I C A R Review and Scrub I A R Source Data Build/Update Data Conversion Plan R C C C I I I Inputs City of Port Angeles Source data City of Port Angeles Source data Documentation (if available) Outputs/ Acceptance Criteria [only]for Deliverables Deliverables Data Conversion Plan built/updated City of Port Angeles Acceptance of Data Conversion Plan City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 J-86 Work package assumptions: Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format. ■ Tyler will work with the City of Port Angeles representatives to identify business rules before writing the conversion. ■ City of Port Angeles subject matter experts and resources mostfamiliar with the current data will be involved in the data conversion planning effort. 6.2.4 Intentionally left blank. 6.2.5 Intentionally left blank. 6.2.6 Control Point 2: Assess& Define Stage Acceptance Acceptance criteria forthis Stage includes completion of all criteria listed below. Note: Advancementto the Prepare Solution Stage is dependent upon Tyler's receipt of the Stage Acceptance. Assess& Define Stage Deliverables: ■ Documentation of futurestate decisions and configuration optionsto supportfuture state decisions. ■ Modification specification document. Assess & Define Stage Acceptance Criteria: ■ All stage deliverables accepted based on criteria previously defined. ■ Solution Orientation is delivered. ■ Conversion data extracts are received by Tyler. ■ Data conversion plan built. 6.3 Prepare Solution During the Prepare Solution stage, information gathered duringthe Initiate & Plan and Assess & Define stages will be used to install and configure the Tyler software solution. Software configuration will be validated by the City of Port Angeles againstfuture state decisions defined in previous stages and processes refined as needed to ensure business requirements are met. 6.3.1 Initial System Deployment The timely availability of the Tyler Solution is importantto a successful Project implementation. The success and timeliness of subsequentwork packages are contingent upon the initial system deployment of Tyler Licensed Softwareon an approved network and infrastructure. Delays in executing this work package can affect the project schedule. Objectives: ■ All licensed software is installed and operational. ■ The City of Port Angeles can access the software. STAGE 3 Initial System Deployment (Hosted/SaaS) City of Port Angeles, WA Tyler Technologies, Inc. Page f 23 May 16, 2023 J - 87 Tyler City of Port Angeles RACI MATRIX KEY:cu L R = Responsible o A = Accountable a`, ° ro C = Consulted C V J L I= Informed a`, C1O ru C U N " Q) a C E Q) OL x O WO N oo VI ro M Wai al rp 2 G (�6 � .y (%) 'j In ai U ro r6 f0 C J Q) ic.+ N Q `u 1) � to = C Q1 � � ru U Z3 a) Q) Q @ c U Q) a u Q + C oo r6 (U D 'O E U W rQ G LL c�c G Q) L.J W d LL t V1 W T Prepare hosted A R I C environment Install Licensed Software with Initial Database on Server(s) for A R C Included Environments Install Licensed Software on City of Port Angeles I C A R Devices (if applicable) Tyler System Administration Training (if C applicable) Outputs/ Deliverables Acceptance Criteria [only]for Deliverables Licensed Software is Installed on the Server(s) Software is accessible Licensed Software is Installed on City of Port Angeles Devices (if applicable) Software is accessible Installation Checklist/System Document System Passes Infrastructure Design Document Work package assumptions: The most current available version of the Tyler Licensed Software will be installed. The City of Port Angeles will provide network access for Tyler modules, printers, and Internet access to all applicable City of Port Angeles and Tyler Project staff. 6.3.2 Configuration The purpose of Configuration is to prepare the software prod uctforvalidation. Tyler staff collaborates with the City of Port Angeles to complete software configuration based on the outputs of the future state analysis performed during the Assess and Define Stage. The City of Port Angeles collaborates with Tyler staff iteratively to validate software configuration. City of Port Angeles, WA Tyler Technologies, Inc. May 16, 2023 J-88 Objectives: Software is ready for validation. Educate the City of Port Angeles Power User how to configure and maintain software. Prepare standard interfaces for process validation (if applicable). STAGE 3 Configuration Ty III City of Port Angeles RACI MATRIX KEY: v R = Responsible o A=Accountable v ;° v C = Consulted C C = J t =informed ru C C U° N z @ 0 � C d) w f6 C .� d) fed C C U d) C O _ >` 00 (O 0tw N C d) N _ N + C C o + C:U to C O 41 � U 2-1Ln m ca ns J 7 U N LJ w C y' 7 C U d) y U W C Q) t m X _N O_ _d) O L _ d Y (O �O U N 4J — G) X N a-+ p C 7 t0 L L 7 Q 'U C U d) CL � b t� 0 :Ll Conduct configuration A P. I C C training Complete Tyler configuration tasks A R I I I (where applicable) Complete City of Port Angeles configuration C A R [: tasks (where a licable) Standard interface) and n R C C training (if applicable) Updates to Solution Validation testing plan ` A R C C Inputs Documentation that describes future state decisions and configuration options to support future state decisions. outputs / Deliverables Acceptance Criteria [only] for Deliverables Configured System N/A Work package assumptions: ■ Tyler provides guidance for configuration options available within the Tyler software. The City of Port Angeles is responsible for making decisions when multiple options are available. 6.3.3 Process Refinement Tyler will educate the City of Port Angeles users on how to execute processes in the system to prepare them forth e validation of the software. The City of Port Angeles collaborates with Tyler staff iteratively to validate software configuration options to support future state. City of Port Ange Tyler Tech nolog. May 16, 2023 J - 89 Objectives: ■ Ensure that the City of Port Angeles understands f utu restate processes and howtoexecute the processes in the software. - ■ Refine each process to meet the business requirements. ■ Validate standard interfaces, where applicable. ■ Validate forms and reports, where applicable. STAGE 3 Process Refinement yl Ter City of Port Angeles RACI MATRIX KEY: v R = Responsible -0 3 o A = Accountable a, aJ C = Consulted � c J W I = Informed a°5n c u W Z v O t:� c E w -0 C C 0 0�0 C 0 (%1 U CO 1= n N @ N = C L� 2 -F 'j N U (9 N L G N J Z ,� ix u F Y vl y c +� o N � v v a 'p v a o c u QJ . v D v c U 'p u c co c @ cL � c u u� a w " a ii u w Conduct process A R I C r training Confirm process decisions C A R C C Provide draft test R 1 1 script Test configuration C A R C Refine configuration (City of Port Angeles C A R C Responsible) Refine configuration (Tyler A R Responsible) Validate interface process and results C C A R C C Update City of Port Angeles -specific process i C A R documentation (if applicable) Updates to Solution Validation C C A R C C testing Ian Inputs Initial Configuration Documentation that describes future state decisions and configuration options to support future state decisions. Solution validation test plan City of Port Angeles, WA Tyler Technologies, Inc. May 16, 2023 J - 90 outputs / Acceptance Criteria [only] for Deliverables Deliverables Updated solution validation testing plan Completed City of Port Angeles -specific process documentation (completed by City of Port Angeles) Work package assumptions: None 6.3.4 Conversion Delivery The purpose of this task is tot ran sitionthe City of Port Angeles' data from their source ("legacy") system Is) to the Tyler system (s). The data will need to be mapped from the legacy system into the new Tyler system format. A well -executed data conversion is key to a successful cutoverto the new system I s). With guidance from Tyler, the City of Port Angeles will review specific data elements within the system and identify/ report discrepancies as mutually agreed. Iteratively, Tyler will collaborate with the City of Port Angeles toad dress conversion discrepancies. This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s). Reference Conversion Appen dixforadd itionaI detail. load Uata Farfes*q Pull Uata & Map Write L Rua 1l�lidstn ConversionConversFinal Balancing Conversion comersim Uata Reviews Conversion Balancing Reports Program Completed Raper! L Correct Errors Objectives: ■ Data is ready for production (Conversion). STAGE 3 I Data Delivery & Conversion of Port Angeles City of Port Angeles, WA Tyler Technologies, Inc. May 16, 2023 J-91 RACI MATRIX v KEY: -A -p 3 O R =Responsible a A =Accountable J C = Consulted a`, 2 U °�' Q.) v I =informed °�° C O v 00 O V> '^ p - v � aC, `� U1 a 2 CV C (cc6 Y vi O N N U O. Ln E O C cc� J C M 2 ' cN 2 J a1 L Q f0 p N G C L N 7 U aJ U N aJ W fa w "D C t �, C U ,C U N U to C N L aJ C- O � ccO U Q7 a) N O C L v U W d 0 L F iJ W V] LL LL U VI W Provide data crosswalks/code A C R I I I mapping tool Populate data crosswalks/code C C A R C mapping tool Iterations: Conversion A R Development Iterations: Deliver A R I i convertIto Iteration Proof/R data anC C C a C reconcilesources Inputs Data Conversion Plan Confieuration Outputs / Acceptance Criteria [only] for Deliverables Deliverables Code Ma;)ping Complete / Validated N/A Conversion Iterations / Reviews Complete Conversion complete, verified, and ready for final ass Work package assumptions: The City of Port Angeles will provide a single file layout per source system as identified in the investment summary. The City of Port Angeles subject matter experts and resources mostfamiliar with the current data will be involved in the data conversion effort. The City of Port Angeles project team will be responsiblefor completingthe code mapping activity, with assistance from Tyler. City of Port At Tyler Tech noh May 16, 2023 J - 92 6.3.5 Intentionally left blank. 6.3.6 Intentionally left blank. 6.3.7 Control Point3: Prepare Solution Stage Acceptance Acceptance criteria forth is Stage includes all criteria listed below in each Work Package. Note: Advancement to the Production Readiness Stage is dependent upon Tyler's receipt of the Stage Acceptance. Prepare Solution Stage Deliverables: ■ Licensed software is installed. ■ Installation checklist/system document. ■ Conversion iterations and reviews complete. Prepare Solution Stage Acceptance Criteria: ■ All stage deliverables accepted based on criteria previously defined. ■ Software is configured. ■ Solution validation test plan has been reviewed and updated if needed. 6.4 Production Readiness Activities in the Production Read inessstage wilI prepare the City of Port Angeles team for go -live through solution validation, the development of a detailed go -live plan and end user train ing. A readiness assessment will be conducted with the City of Port Angeles to review the status of the project and the organizations readiness forgo -live. 6.4.1 Solution Validation Solution Validation is the end -to -end software testing activity to ensure thatthe City of Port Angeles verifies all aspects of the Project (hardware, configuration, business processes, etc.) arefunctioning properly, and validates that all features and functions per the contract have been deployed for system use. Objectives: ■ Validate that the solution performs as indicated in the solution validation plan. ■ Ensure the City of Port Angeles organization is readyto move forward with go-liveand training (if applicable). STAGE4 Solution Validation City of Port Angeles City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 J-93 RACI MATRIX KEY: R = Responsible o A = Accountable a`) :° v C =Consulted M J I =informed g � U a"i °�' v c °'CL a1 c a`� c .@ a�i Ln a E v tCo o J a) `� = rho v CO @ u v a) U a) F+ a) Q) II. w O V Vl > no O +-+ O O a) W +-� V a) U •C x a a) n3 � �, =3 X W m 2 i- O O � 0 a1 W d O c00 G a) F) W n- IU s viCJ c W a) i Update Solution A R C C C C Validation plan Update test scripts (as C C C A R C applicable) Perform testing C C C A R C Document issues from C C C A R C testing Perform required follow - Inputs Solution Validation plan Completed work productfrom priorstages (configuration, business process, etc.) Outputs / Acceptance Criteria [only] for Deliverables Deliverables Solution Validation Report City of Port Angeles updates report (test scripts) with testing results (Acceptance/issues) Work package assumptions: ■ Designated testing environment has been established. ■ Testing includes current phaseactivities or deliverables only. 6.4.2 Go -Live Readiness Tyler and the City of Port Angeles will ensure thatall requirements defined in Project planning have been completed and the Go -Live event can occur, as planned. A go -live readiness assessmentwill be completed identifying risks or actions items to be addressed to ensure the City of Port Angeles has considered its ability to successfully Go -Live. Issuesand concerns will be discussed, and mitigation options documented. Tylerand the City of Port Angeles will jointly agree to move forward with transition to production. Expectations forfinal preparation and critical dates for the weeks leading into and during the Go-Liveweek will be planned in detail and communicated to Project teams. Objectives: ■ Action plan forgo -live established. ■ Assess go -live readiness. ■ Stakeholders informed of go -live activities. City of Port Tyler Tech W May 16, 2023 J - 94 STAGE4 Go -Live Readiness Tyler City of Port Angeles RACI MATRIX KEY: v R = Responsibleru o A =Accountable a`, +° v C = Consulted J I = Informed c L C) O v (6 C:0p L no p in U o o E: N on -p m W QJ 2 n 0 +� v M Y v 'C a a N iv Z to O v _ ro ra a > �, U X W U U a' Ul > on C +-+ U O_ N bD E 'C v u 7 U OJ Q N N Q a@+ �- -CCO C U 7 U U1 U) '-' U C (� N 0 Q D a C U W d L W y d LLU U11 W Perform Readiness A R C I C I I I I I Assessment Conduct Go -Live planning A R C C C C C C C session Order peripheral A R C hardware(if applicable) Confirm procedures for Go -Live issue reporting & A R I i C C I I I I I resolution Develop Go -Live checklist A R C C C C C C Final system infrastructure review A P C C where applicable) Inputs Future state decisions Go -live checklist outputs/ Acceptance Criteria [only] for Deliverables Deliverables Updated go -live checklist Updated Action plan and Checklist forgo -live delivered to the City of Port Angeles Work package assumptions: None 6.4.3 End User Training End User Training is a critical part of any successful software implementation. Using atraining plan previously reviewed and approved, the Project team will organize and initiate the training activities. Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. City of Port Angeles users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be contracted at the applicable rates for training. Tyler will providestandardapplication documentation forthegeneral use of the software.ltis not Tyler's responsibility to develop City of Port Angeles specific business process documentation. City of Port Angeles - led training labs using City of Port Angeles specific business process documentation if created bythe City of Port Angeles can be added to the regular training curriculum, enhancingthe training experiences of the end users. City of PortAngeles, W Tyler Technologies, Inc. May 16, 2023 J - 95 Objectives: End users are trained on how to use the software prior to go -live. ■ The City of Port Angeles is prepared for on -going training and support of the application. STAGE4 End User Training Tyler City of Port Angeles RACI MATRIX KEY: w R = Responsible o A = Accountable `, W ° v C = Consulted ° C:� � J t I= Informed v oA rp g C U0 N U � W o O a� C m U1 a w � C C O N Op C O W t/1 U �n C O _ f= N OA -p ry Q rp N co a) = rn a Ql C r0 a C t O +�75 N U Z N W O U 2 J io r0 r0 N12 > QJ UJ C Q w U U C V7 Y > OA C ++ N O N OCD a.+ E: N N D U C 7 v Ul 0_ N O N O- E O U N N N 'p U C L -O U °) w a � w � a Li 0 w Update training plan A R C C I C Train -the -trainer A R C C C I C End User training (City C C A R I C C C of Port Angeles -led) Inputs Training Plan List of End Users and their Roles / Job Duties Configured Tyler System Outputs / Deliverables Acceptance Criteria [only] for Deliverables Training Plan Training Plan delivered End User Training City of Port Angeles signoff that training was delivered Work package assumptions: The City of Port Angeles project team will work with Tyler to jointly develop a training curriculum that identifies the size, makeup, and subject -area of each of the training classes. ■ Tyler will work with the City of Port Angeles as much as possible to provide end -user training in a man nerthat minimizes the impact to the daily operations of City of Port Angeles departments. ■ The City of Port Angeles will be responsible for training new users after go -live (exception —previously planned or regular train ingofferings by Tyler). 6.4.4 Control Point4: Production Readiness Stage Acceptance Acceptance criteria forthis stage includes all criteria listed below. Advancement to the Production stage is dependent upon Tyler's receipt of the stage acceptance. Production Readiness stage deliverables: ■ City of PortAng Tyler Tech n o lo c W May 16, 2023 Solution Validation Report. Update go -live action plan and checklist. End user training. J-96 Production Readiness stage acceptance criteria: ■ All stage deliverables accepted based on criteria previously defined. ■ Go- Live plan ningsessionconducted. 6.5 Production Following end user training the production system will be fully enabled and made ready for daily operational use as of the scheduled date. Tyler and the City of Port Angeles will If the comprehensive action plan laid out during Go -Live Read inessto support go -live activities and minimize risk to the Project during go -live. FoIlowing go- live, Tyler will work with the City of Port Angeles to verify that implementation work is concluded, post go -live activities are scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the Tyler software. 6.5.1 Go -Live Followingthe action plan for Go -Live, defined in the Production Readiness stage, the City of Port Angeles and Tyler will complete work assigned to prepare for Go -Live. The City of Port Angeles provides final data extract and Reports from the Legacy System for data conversion and Tyler executes finaIcon version iteration, if applicable. If defined in the action plan, the City of Port Angeles man uaIlyenters any data added tot he Legacy System after final data extract into the Tyler system. Tyler staff collaborates with the City of Port Angeles during Go -Live activities. The City of Port Angeles transitions to Tyler software for day -today busin essprocessing. Sometraining topics are better addressed following Go -Live when additional data is available in the system or based on timing of applicable business processes and will be scheduled following Go -Live per the Project Schedule. Objectives: ■ Execute day to day processing in Tyler software. ■ City of PortAngeles data available in Production environment. STAGE 5 Go -Live Tyler City of Port Angeles RACI MATRIX KEY: v R = Responsible a A = Accountable a C = Consulted f0 C V1 J Y = Informed a` 2 U o Y a C N� C U �-.+ E N U -O 41 on W ra a) N f6 C L a-� tv +� ul �' O N N _U 0- N O U C M J is C r6 f0 J N O N W `� U ''Z1 GO �' � N '� �O C U *' N N '� U C C @ L au, O -O C w a [J w d ti U N W Provide final source data C A R extract, if applicable City of Port Angeles, W Tyler Technologies, Inc. May 16, 2023 J - 97 Final source data pushed into production A C F i C C C environment, if applicable Proof final converted data, if applicable - C C A R C Complete Go -Live activities as defined in C C r A R C I C the Go -Live action plan Provide Go -Live A R C C C C I C C assistance Inputs Comprehensive Action Plan for Go -Live Final source data (if applicable) Outputs / Deliverables Acceptance Criteria [only] for Deliverables Data is available in production environment City of Port Angeles confirms data is available in productionenvironment Work package assumptions: ■ City of Port Angeles will complete activities documented in the action plan for Go -Live as scheduled. ■ External stakeholders will be available to assist in supporting the interfaces associated with the Go - Live live process. ■ The City of Port Angeles business processes required for Go -Live are fully documented and tested. ■ The City of Port Angeles Project team and subject matter experts are the primary point of contact for the end users when reporting issues during Go -Live. ■ The City of Port Angeles Project Team and Power User's provide business process context to the end users during Go -Live. ■ The Tyler Go -Live support team is available to consuItwith the City of Port Angeles teams as necessary. ■ The Tyler Go -Live support team provides standard f unctionality responses, which may not betailored to the local business processes. 6.5.2 Transition to Client Services This work package signals the conclusion of implementation activities for the Phase or Project with the exception of agreed -upon post Go -Live activities. The Tyler project manager(s) schedules a formal transition of the City of Port Angeles onto the Tyler Client Services team, who provides the City of Port Angeles with assistance following Go -Live, officially transitioningthe City of Port Angeles to operations and maintenance. Objectives: ■ Ensure no critical issues remain forthe project teams to resolve. ■ Confirm proper knowledge transferto the City of Port Angeles teams for key processes and subject areas. STAGE 5 Transition to Client Services City of PortAngeles, W, Tyler Technologies, Inc. May 16, 2023 J - 98 T ler City of Port Angeles RACI MATRIX KEY: R = Responsible o A = Accountable �5 ;° v a C = Consulted ° f I = Informed 1 a3 E 0 Ja°..'i� ° fl W C C O L N OD C O N cn U n C O E L N 6D In -p rp L D1 vi P, C ++ c VI v C +� N U Z Q v1 (U E O u C �D J _ ° ca ra co C v L > E E w au = n ? m o (V E u E x n p Q v aU v p c L -o u Wru E d E cpc G N tY W LL LL n 0 W Transfer City of Port F Angeles to Client Services and review I A i I R I I C C C C issue reporting and resolution processes Review long term maintenance and 4 R C C C C continuous improvement Inputs I Ooen item/issues List Outputs/ Deliverables Acceptance Criteria [only] for Deliverables Client Services Support Document Work package assumptions: No material project issues remain without assignment and plan. 6.5.3 Post Go -Live Activities Some implementation activities are provided post -production dueto thetiming of business processes, the requirement of actual production data to complete the activities, or the requirement of the system being used in a live production state. Objectives: Schedule activities that are planned for after Go -Live. Ensure issues have been resolved or are planned for resolution before phase or project close. STAGES Post Go -Live Activities T ler City of Port Angeles City of PortAngeles, INA Tyler Technologies, Inc. May 16, 2023 J-99 RACI MATRIX KEY: R = Responsible o A =Accountable w ° v C =Consulted '° C: ' J I=Informed a, 2 U a X N C QJ C N U C N ( W o rai cn o N > C:° c a X" v u 00 g 2 2 v E @ U (V _ u OJ cu _ w U fJ c V) + L +� v U1 O y U UJ ao C +� v N c Q'O O- E JOB c0 U N_ N N C' C f6 Q -6 u LLI d L W d L.L l.J U' w Schedule contracted activities that are A R C C C C i C C I C C planned for delivery aftergo-live Determine resolution plan in preparation for phase or project close A C C C C C C out Inputs I List of post Go -Live activities Outputs / Acceptance Criteria [only] for Deliverables Deliverables Updated issues to Work package assumptions: ■ System is being used in a live production state. 6.5.4 Control Point 5: Production Stage Acceptance Acceptance criteria forthis Stage includes completion of all criteria listed below: ■ Advancementto the Close stage is notclependent upon Tyler's receipt of this Stage Acceptance. ■ Converted data is available in production environment. Production Stage Acceptance Criteria: ■ All stage deliverables accepted based on criteria previously defined. ■ Go -Live activities defined in the Go -Live action plan completed. ■ Client services support document is provided. 6.6 Close The Close stage signifies full implementation of all products purchased and encompassed in the Phaseor Project. The City of Port Angeles transitions to the next cycle of their relationship with Tyler (next Phase of implementation or long-term relationship with Tyler Client Services). City of Port Angeles, V Tyler Technologies, In( May 16, 2023 J-100 6.6.1 Phase Closeout This work package represents Phase completion and signals the conclusion of implementation activities for the Phase. The Tyler Client Services team will assume on go ingsupportofthe City of Port Angeles for systems implemented in the Phase. Objectives: Agreement from Tyler and the City of Port Angeles teams that activities within this phase are complete. STAGE 6 Phase Close Out Tyler City of Port Angeles RACI MATRIX KEY: `w R = Responsible o A=Accountable a`, ° w C = Consulted ra v I= Informed 4 u U N o a, OA ro C ,O N C .O N U_ Z N N C O N � W N O 2 N @ cq 'C C O ai Ul U N O U 'J r6 ro aG.. x w U U In > N +� E N U_ 7 _N n p _N Q a@+ p C U �--� N Z3 .L 'p U��+ O b0 ro .n Q 'O C U W C C L (1 c L L] W � d LL U r 12 W Reconcile project budget and status of contract I A R I I C Deliverables Hold post phase review A R C C C C C C C C meeting Release phase - dependent Tyler project A R I resources Participants Tyler City of Port Angeles Project Leadership Project Manager Proiect Manager Project Sponsor(s) Implementation Consultants Functional Leads, Power Users, Technical Leads Technical Consultants (Conversion, Deployment, Development Client Services Inputs Contract Statement of Work Project artifacts Outputs / Deliverables Acceptance Criteria [only] for Deliverables Final action plan (for outstanding items) Reconciliation Report Post Phase Review City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 J - 101 Work package assumptions: ■ Tyler deliverables forthe phase have been completed. 6.6.2 Project Closeout Completion of this work package sign ifies final acceptance and formal closing of the Project. At this time the City of Port Angeles may choose to begin workingwith Client Services to look at continuous improvement Projects, building on the completed solution. Objectives: ■ Confirm no critical issues remain for the project teams to resolve. ■ Determine proper knowledge transfer to the City of Port Angeles teams for key processes and subject areas has occurred. ■ Verify all deliverables included in the Agreement are delivered. STAGE 6 P roject Close Out City of Port Angeles RACI MATRIX KEY: v R = Responsible A o A=Accountable C=Consultedra c c c t' aL I= Informed �, g L. �° .1? N N a0)i I_ N E x LU (p @ C C71 C Ln C: v N C E J C = -NO .° N Q(� O (n U c(o L cro (CCo J (� N fl. E 'p a E U�( N O C � n °) LL a O LL n a Ui 0 w Conduct post project A C C C C C C C C C review Deliver post project report to City of Port I A R I I C Angeles and Tyler leadership Release Tyler project resources Inputs Contract Statement of Work Outputs / Acceptance Criteria [only] for Deliverables Deliverables Post Project Report City of Port Angeles acceptance; Completed report indicating all project Deliverables and milestones have been completed Work package assumptions: City of Port Anc Tyler Techn o l o c W May 16, 2023 J - 102 ■ All project implementation activities have been completed and approved. ■ No critical project issues remain that have not been documented and assigned. ■ Final project budget has been reconciled and invoiced. ■ All Tyler deliverables have been completed. 6.6.3 Control Point6: Close Stage Acceptance Acceptance criteria forthis Stage includes completion of all criteria listed below. Close Stage Deliverables: ■ Post Project Report. Close Stage Acceptance Criteria: ■ Completed report indicating all Project deliverables and milestones have been completed. 7. General Assumptions Tyler and the City of Port Angeles will use this SOW as a guide for managingthe implementation of the Tyler Project as provided and described in the Agreement. There are a few assumptions which, when acknowledged and adhered to, will support a successful implementation. Assumptions related to specific work packages are documented throughouttheSOW. Included here are general assumptions which should be considered throughoutthe overall implementation process. 7.1 Project ■ Project activities will begin afterthe Agreement has been fully executed. ■ The City of Port Angeles Project Team will complete their necessary assignments in a mutually agreed upon timeframeto meet the scheduled go -live date, as outlined in the Project Schedule. ■ Sessions will be scheduled and conducted at a mutually agreeable time. ■ Additional services, software modules and modifications not described in the SOW or Agreement will be considered a change to this Project and will require a Change Request Form as previously referenced in the definition of the Change Control Process. ■ Tyler will provide a written agenda and notice of any prerequisites to the City of Port Angeles project manager(s) ten (10) business days oras otherwise mutually agreed upon time frame prior to any scheduled on -site or remote sessions, as applicable. ■ Tylerwill provide guidance for conf igu ration and processing options available within the Tyler software. If multiple options are presented by Tyler, the City of Port Angeles is responsible for making decisions based on the options available. ■ Implementation of new software may require changes to existing processes, both business and technical, requiring the City of Port Angeles to make process changes. ■ The City of Port Angeles is responsible for defining, documenting, and implementing their policies that result from any business process changes. 7.2 Organizational Change Management Unless otherwise contracted by Tyler, City of Port Angeles is responsible for managing Organizational Change. Impacted City of Port Angeles resources will need consistent coaching and reassurance from their leadership team to embrace and accept the changes being imposed by the moveto new software. An important part of City of Port Angeles, WA Tyler Technologies, Inc. May 16, 2023 J-103 change is ensuring that impacted City of Port Angeles resources understand the vaIue of the change, and why they are being asked to change. 7.3 Resources and Scheduling ■ City of Port Angeles resources will participate in scheduled activities as assigned in the Project Schedule. ■ The City of Port Angeles team will complete prerequisites prior to applicable scheduled activities. Failure to do so may affect the schedule. ■ Tyler and the City of Port Angeles will provide resources to support the efforts to complete the Project as scheduled and within the constraints of the Project budget. ■' Abbreviated timelines and overlapped Phases requires ufficientresources to complete all required work as scheduled. ■ Changes to the Project Schedule, availability of resources or changes in Scope will be requested through a Change Request. Impacts to the triple constraints (scope, budget, and schedule) will be assessed and documented as part of the change control process. ■ City of Port Angeles will ensure assigned resources will follow the change control process and possess the required business knowledge to complete their assigned tasks successfully. Should there be a change in resources, the replacement resource should have a comparable level of availability, change control process buy -in, and knowledge. ■ The City of Port Angeles makestimely Project related decisions to achieve scheduled due dates on tasks and prepare for subsequent training sessions. Failureto do so may affectthe schedule, as each analysis and implementation session is dependent on the decisions made in prior sessions. ■ The City of Port Angeles will respond to information requests in a comprehensive and timely manner, in accordance with the Project Schedule. ■ The City of Port Angeles will provide adequate meeting space or facilities, including appropriate system connectivity, to the project teams including Tyler team members. ■ For on-sitevisits, Tyler will identify a travel schedule that balances the needs of the project and the employee. 7.4 Data ■ Data will be converted as provided and Tyler will not create data that does not exist. ■ The City of Port Angeles is responsible forthe quality of legacy data and for cleaning or scrubbing erroneous legacy data. ■ Tyler will work closely with the City of Port Angeles representatives to identify business rules before writingthe conversion. The City of Port Angeles must confirm that all known data mappingfrom source to target have been identified and documented before Tyler writes the conversion. ■ All in -scope source data is in data extract(s). ■ Each legacy system data file submitted forconversion includes all associated records in a single approved file layout. ■ The City of Port Angeles will provide the legacy system data extract in the same formatforeach iteration unless changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and resource availability may occur and/or data in the new system may be incorrect. ■ The City of Port Angeles Project Team is responsiblefor reviewing the converted data and reporting issues during each iteration, with assistance from Tyler. ■ The City of Port Angeles is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.) City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 J - 104 7.5 Facilities ■ The City of Port Angeles will provided eclicated space for Tyler staff to work with City of Port Angeles resources for both on -site and remote sessions. If Phases overlap, City of Port Angeles will provide multiple train ingfacilities to allow for in dependent sessions scheduling without conflict. ■ The City of Port Angeles will provide staff with a location to practice what they have learned without distraction. City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 1 - 105 8. Glossary Acceptance Accountable Application Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria. The one who ultimately ensures a task or deliverable is completed; the one who ensures the prerequisites of the task are met and who delegates the workto those responsible. [Also see RACI] A computer program designed to perform a group of coordinated functions, tasks, or activities for the benefit of the user. Application Programming Interface (API) A defined set of tools/methods to pass data to and received data from Tyler software products J Agreement This executed legal contract that defines the products and ' services to be implemented or performed. Business Process The practices, policy, procedure, guidelines, orfunctionality that I the client uses to complete a specificjob function. Business Requirements Document A specification document used to describe Client requirements for contracted software modifications. Change Request A form used as part of the Change Control process whereby Changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties. Change Management Guides how we prepare, equip and support individuals to successfully adopt change in order to drive organizational success & outcomes Code Mapping [where applicable] An activity that occursduringthe data conversion process whereby users equate data (field level) values from the old system to the values available in the new system. These may be one to one or many to one. Example: Old System [Field = eye color] [values = BL, Blu, Blue] maps to New Tyler System [Field = Eye Color] [value= Blue]._ Consulted Those whose opinions are sought, typically subject matter experts, and with whom there is two-way communication. [Also see RACI] Control Point This activity occurs at the end of each stage and serves as a formal and intentional opportunity to review stage deliverables _ and required acceptance criteria for the stage have been met. Data Mapping [where applicable] The activity determining and documenting where data from the legacy system will be placed in the new system; this typically involves prior data analysis to understand how the data is currently used in the legacy system and how it will be used in the new system. Deliverable A verifiable document or service produced as part of the Project, as defined in the work packages. Go -Live The point in time when the Client is using the Tyler software to conduct daily operations in Production. Informed Those who are kept up-to-date on progress, often only on completion of the task or deliverable, and with whom there is just one-way communication. [Also see RACI] City of Port Angeles, V Tyler Technologies, Inc May 16, 2023 J - 106 Infrastructure The composite hardware, network resources and services required for the existence, operation, and management of the Tyler software. Interface A connection to and potential exchange of data with an external system or application. Interfaces may be one way, with data leaving the Tyler system to another system or data entering Tyler from another system, or they may be bi-directional with data both leaving and entering Tyler and another system. Integration A standard exchange or sharing of common data within the Tyler system or between Tyler applications Legacy System The software from which a client is converting. Modification Custom enhancement of Tyler's existing software to provide features or functions to meet individual client requirements documented within the scope of the Agreement_. On -site Indicates the work location is at one or more of the client's { physical office or work environments. Organizational Change The process of changing an organization's strategies, processes, procedures, technologies, and culture, as well as the effect of such changes on the organization. Output Peripheral devices A product, result or service generated by a process. An auxiliary device that connects to and works with the computer in some way. Some examples: scanner, digital camera, printer. Phase A portion of the Project in which specific set of related applications are typically implemented. Phases each have an independent start, Go -Live and closure dates but use the same Implementation Plans as other Phases of the Project. Phases may overlap or be sequential and may have different Tyler resources assigned. Project The delivery of the software and services per the agreement and the Statement of Work. A Project may be broken down into multiple Phases. RACI A matrix describing the level of participation by various roles in completing tasks or Deliverables for a Projector process. Individuals or groups are assigned one and only one of the following roles for a given task: Responsible (R), Accountable (A), Consulted (C), or Informed (1). Remote Indicates the work location is at one or more of Tyler's physical offices or work environments. 1 Responsible Those who ensure a task is completed, either by themselves or delegating to another resource. [Also see RACI] Scope Products and services that are included in the Agreement. I City of Port Angeles, WA Tyler Technologies, Inc. May 16, 2023 J - 107 Solution The implementation of the contracted software product(s) resulting in the connected system allowing users to meet Project goals and gain anticipated efficiencies. Stage The top-level components of the WBS. Each Stage is repeated for individual Phases of the Project. Standard Software functionality that is included in the base software (off - the -shelf) package; is not customized or modified. Statement of Work (SOW) Document which will provide supporting detail to the Agreement defining Project -specific activities, services, and Deliverables. System The collective group of software and hardware that is used by the organization to conduct business. Test Scripts The steps or sequence of steps that will be used to validate or confirm a piece of functionality, configuration, enhancement, or Use Case Scenario. Training Plan Document(s) that indicate how and when users of the system will be trained relevant to their role in the implementation or use of the system. Validation (or to validate) The process of testing and approving that a specific Deliverable, process, program, or product is working as expected. Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down into smaller, more manageable components. Work Package A group of related tasks within a project. City of PortAng Tyler Tech noloc W May 16, 2023 J - 108 Part 4: Appendices 9. Conversion 9.1 Enterprise Permitting & Licensing Conversion Summary 9.1.1 Community Development ■ Permit Master basic information ■ Plan Master basic information ■ Plan & Permit Contacts ■ Unique (keyed) contacts converted to global contacts ■ Non -keyed contacts converted to a Memo Custom Field or standard note ■ Sub -permit Associations —Visible in Workflow and Attached Records ■ Reviews and Approvals ■ Projects ■ Permit Renewals ■ Bonds and Escrow ■ Contractors ■ Workflow based on configured Enterprise Permitting& Licensing template customized only by inclusion/exclusion based on status, typeor class of the associated permit, plan, etc. ■ Inspections and Inspection Cases ■ Meetings and Hearings ■ Activities and Actions ■ Conditions ■ Fees ■ Holds ■ N otes ■ Parcels and Addresses ■ Payments and Fee History ■ Zones ■ Code Case Master basic information ■ Code Requests ■ Code Case Contacts and Properties ■ Unique ( keyed) contacts converted to global contacts ■ Non -keyed contacts converted to a Memo Custom Field or standard note ■ Violations ■ Fees ■ Payments ■ N otes 9.1.2 Business Management ■ Business Entity (Only for Business Licensing) ■ License Master basic information ■ License Contacts ■ Unique(keyed) contacts converted to global contacts City of Port Angeles, WA Tyler Technologies, Inc. Page 145 May 16, 2023 J - 109 ■ Non -keyed contacts converted to a Memo Custom Field or standard note ■ Reviews and Approvals —Converted to Activity ■ Fees ■ Bonds and Escrow ■ Activities and Actions ■ Conditions ■ N otes ■ Holds ■ Workflow based on configured Enterprise Permitting & Licensing template customized only by inclusion/exclusion based on status, typeor class of the associated license, code case, etc. ■ Contractors ■ Business Types and NAICSCodes ■ Payment and Fee History ■ Code Case Master basic information ■ Code Requests ■ Code Case Contacts and Properties ■ Unique(keyed) contacts converted to global contacts ■ Non -keyed contacts converted to a Memo Custom Field or standard note ■ Parcels and Addresses ■ Meetings and Hearings ■ Violations ■ Fees ■ Payments ■ Notes 9.2 Enterprise ERP Conversion Summary 9.2.1 AccountingCOA ■ Chart of Accounts segments, objects, character codes, project codes (if applicable), organization codes (if applicable), control accounts budget rollups, fund attributes, dueto/due from accounts ■ Requires the use of Tyler provided spreadsheetfor design and entry of the data to be converted 9.2.2 Accounting- Actuals ■ Summary account balances ■ U p to 3 years 9.2.3 Accounting- Budgets ■ Original budget, budget adjustments, revised budget summaries for accounts ■ Up to 3 years 9.2.4 Accounts Payable Master ■ Vendor Masterfile including names, addresses, SSN/FI D, contacts, phone numbers ■ Multiple remittance addresses ■ Year-to-date1099 amounts City of PortAngeles, WA Tyler Technologies, Inc. May 16, 2023 1 - 110 9.2.5 Accounts Payable -Checks ■ Check header data including vendor, warrant, check number, check date, overall check amount, GL cash account and clearing information ■ Check detail data including related documentand invoice numbersforeach check ■ Up to 5 years 9.2.6 Accounts Payable -Invoices ■ Invoiceheader data containing general information forthe invoice ■ Invoicedetail data containing line -specific information forthe invoice ■ Up to 5 years 9.2.7 Capital Assets Master ■ Asset description, status, acquisition quantity, dateand amount, codes forasset class, subclass, department, custodian, flags for capitalization and depreciation, estimated life, serial number, model, model year, depreciation method, life -to -date depreciation amount, last depreciation date, disposal information (if any), purchase information, if any (vendor, P0, Invoice) 9.2.8 Contracts Contract header detail with manyfields available to convert including fiscal year and period, vendor number, department code, description, enforcement method code, dates for award, approval, entry and expiration, retention information, user -defined type and review codes, status code, user id for entry and approver. Additional fields are also available. A balance forward contract amount is converted, if original amount is required there will bean additional charge and contracts, po's and invoices must be converted together. 9.2.9 General Billing CID ■ Customer information 9.2.10General Billing— Bills ■ 5 years of open and closed invoices ■ General Ledger information so open invoices can be processed in Enterprise ERP 9.2.11General Billing— Recurring Invoices General Billing Invoices that are sent on a regular basis Header records with general information aboutthe invoice Detail records with line -specific information 9.2.12Payroil ■ Payroll Employee Masterdata including data such as name, address, SSN, legacy employee ID, date of birth, hire date, activity status (such as active/inactive), leave/termination code and date, phone(s), e- address, marital status, gender, race, personnel status (such as full-time, part-time, etc.), highest degree, advice -delivery (print/email/both) and check location, plus primary group, job, location, and account information City of Port Angeles, WA Tyler Technologies, Inc. May 16,2023 J-111 9.2.13Payroll— PM Action History ■ A variety of Personnel actions, such as job or salary changes and dates these events occurred. ■ U p to 5 years 9.2.14Payroll — Accrual Balances ■ Employee Accrual Balances including Vacation, Holiday, and other Leave balances ■ Start of year balance, earned to date, used to date 9.2.15Payroll—Accumulators ■ YTD, CLTD, MTD amounts for employee pay and deductions ■ Neededformid-calendar-yeargo-live ■ May not be needed if converting earnings/deductions history ■ Up to 5 years 9.2.16Payroll— Check History ■ Up to 5 years, additional years must be quoted. We convert amounts for earnings and deductions in employee check history, check number and date. 9.2.17PayrolI- Deductions ■ Employee Deductions - including employee ID, deduction codes, tax information, and direct deposit information 9.2.18Payroll— Eaming(Deduction Hist. ■ Up to 5 years, additional years must be quoted. Earning and deduction history broken down by individual codes (earnings and deduction) and amounts per pay period, the detail of these lines, sums the check history in opt 4. 9.2.19Payroll— Recruiting ■ Application requisition applicant masterdata, plus applicant references, certifications, education, skills, tests, work history, and interviews 9.2.20P roject Grant Accounting ■ Segments, account strings and fund string allocation table ■ Requires the use of Tyler provided (Chart of Accounts) spreadsheetfor design and entry of the data to be converted 9.2.21 P roject Grant Accounting - Actuals ■ Summary project ledger string balances. If linking to GL, must be converted at the sametime. ■ U p to 3 years City of Port Ang Tyler Tech noloc W May 16, 2023 J - 112 9.2.22ProjectGrant Accounting — Budget ■ Original project ledger budget amounts. If linking to GL, must be converted at the same time. ■ Up to 3 years 9.2.23 P u rchase Orders ■ Open purchase orders header data including vendor, buyer, date, accounting information, etc. ■ Open purchase orders detail data including line item descriptions, quantities, amounts, etc. 9.2.24Uti lity Billing ■ Account Masterdata including previous and current customer ownerinformation- addressinfo, phone, fax, SSN number, FID number, accountstatus, parcel number, location street, apartment, city, state, zip, book number, read sequence, accountstart and end date, EFT bank information 9.2.25Uti lity Billing—Backflow ■ Account information, backflow device information, backflow type, and backflowviolations 9.2.26Utility Billing —Balance ForwardAR Account balance forward information converted as total amount due. If the City of Port Angeles' business practices require current due and past due bills this can be broken into three balance forward bills (current balance due and up to two past due balance bills). These can be converted to one balance forward charge code or separate balance forward charge codes and converted to the account/customerifthe City of Port Angeles' legacy data containsthis information. If late penalties will be applied in Enterprise ERP after the conversion, balanceforward amounts must be converted by charge code 9.2.27Utility Billing —Budget Billing Converts information for budget average billing by account, customer, and service. Legacy data must include: calculated budget amount by service; numberof periods remaining until plan renews; budget plan balance/credit amount, broken out by service/customer; additional amortized amount by service. 9.2.28Utility Billing —Consumption History ■ History of meter readings, usage, read dates, usage days, bill amounts, bill dates, read codes ■ U p to 5 years 9.2.29Utility Billing —Flat I nventory/Containers ■ Inventory for non -metered itemstied to recurring service billing—flatrate is tied to inventory items)/item type(s) (vs consumption/usage). Trash/recycling containers, dumpsters, roll off containers, light poles, cable/internet equipment. 9.2.30Utility Billing —Assessments ■ Assess me nts are improvement costs that are spread across to property owner City of Port Ange Tyler Technologi May 16, 2023 J - 113 ■ Utility Billing conversion option 4 (balance forward AR) must also be purchased in order to convert assessments 9.2.31UtilityBilling— Work Orders Work Orders data associated with accounts, including meter repairs, checks for leaky meter, reread a meter due to high reading 9.2.32Utility Billing —Services ■ Current service codes, service status, type, factor, condo units, bill cycle codes,, current deposits held on account including unpaid deposit amounts, winter usage, current meter(s) associated with service, meter readings( current and previous), meter usage (currentand previous) and sales tax information. 9.3 Content Management 9.3.1 Content Manager Core— Business Licensing— CNV 9.3.2 Content Manager Core- Permit 10. Additional Appendices 10.1 Enterprise ERP Standard 3rd Party Data Exchange & Application Programming Interfaces 10.1.1Planning An Integration is a real-time or automated exchangeof data between two systems. Standard Data Exchange tools are available to fulfill Integrations with external systems by allowing clients to get data in and outof the Tyler system. Data exchange tools can take the form of Imports and Exports, and Application Programming Interfaces (APIs)*. APIs may require additional licensing and may have some restrictions on use. Please refer to your licensing agreement for further information. I mports and Exports The City of Port Angeles and Tyler project manager(s) will work together to define/confirm which Imports and Exports are needed (if not outlined in the Agreement). Tyler will provide an Excel or ASCII file layouts for each Standard Data Exchange. APIs* Additional API licensing and data sharing agreements are required for integration with third -party applications. If APIs have been purchased, Tyler may provide integration assistanceto understand API services and provide necessary supportto complete the integration of Tyler softwareto the City of Port Angeles internal applications. Tyler will not provide any hands-on development unless expressly specified in the Agreement. It is Tyler's responsibility to ensure the API services operate correctly. It is the Client's City of Port Angeles, h Tyler Technologies, Inc W May 16, 2023 J - 114 responsibility tofu If ill integrations using Tyler's API services and ensure operation of the third-partyAPI services. STAGE 2 Current & Future State Analysis - Data Exchange Tyler Cityof Port Angeles RACI MATRIX KEY: R = Responsible LU A = Accountable cu v U' C = Consulted `° Cro N J t I = Informed a`, on C v° U a o v CL C C C C N u N C N -O O W M 4! �n N +� r0 a� LJ Q o N 'j Ln N U ,p 76 (6 f6 C J N N xx W (6 U t0 U N > hA C i., U E u 7 QJ 2 N cD-U 4- C ++ �X .L W C m W d n WW UJ Review Standard or contracted A R I I C C C Data Exchanges Define or confirm needed Data C C C A C C R Exchan�jes 10.1.2Validation Tyler provides train in on Data Exchange(s) (for both Import and Export, and APIs*) and the City of Port Angeles tests each Data Exchange. STAGE3 Process Refinement—DataExchangeValidation Tyler City of Port Angeles RACI MATRIX KEY: `L 2 R = Responsible a A=CU c v Accountable �, u° °�' L v X C= Consulted c 0 m c 0 N N - o — E v on _0 ru � � `� v v = a I=Informed f° @ @ v V) °; Q N E 0 C J E o 1-3 a v a E E wo —bn 7 v Ol Q p UJ O_ W a@+ �O c U T � �x( c ( N p u C on C ro L t0 Q '6 E U LU d 0 L W -n d LiU Ln lL Train standard or contracted Data A R C C Exchange(s) processing in Tyler software Coordinate 31d Party Data I I A C C R Exchange activities City of Port An Tyler Tech n o lo c May 16, 2023 J - 115 Test all Standard 3,d party Data 0 } .� A C R C Exchange(s) Aw * API services, available thru Enterprise ERP OpenAPI Toolkits and Connectors, are not part of the core Enterprise ERP applications and are only applicable if included in the license agreement. City of Port Ange TylerTechnologi w May 16, 2023 J - 116 10.2 Intentionally left blank. May 16, 2023 J - 117 11. Project Timeline 11.1 ERP Project Timeline The Project Timeline establishes a target start and end date for each Phase of the Project. The timeline needs to account for resource availability, business goals, size and complexity of the Project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation. The following dates may be revised based on the date the Agreement is signed and further refined during the course of the project. Tyler requires up to forty-five (45)daystomovefromAgreement signing totheInitiate & Plan Stage. PROJECT TIMELINE 2023 2024 2025 AM Sep 00 Nae [lee Jaw Feb Nar Apr May Jun Jul Aup Sep Oct Nd Dm Jan Feb Mar Apr May Jun Ad Avg Sep Oct Ir 1-Fnandals m 2-Payments i� 3-Human Capftw Management w 4Uti11yBiling 5-Penniltitg & U msing Phase Functional Areas Modules• Projected Start D.Go-Live Date 1 Financials • Accounting August Oct2024 • Accounts Payable 2023 • Assets Mobile or as • Bid Management Phase 1 defined in starts 30- the Project • Budgeting 45 days Plan and • Capital Assets after mutually • Cash Management contract is agreed • Contract Management fully upon • Project& Grant Accounting executed • Purchasing oras • VendorAccess mutually • Accounts Receivable agreed • General Billing upon • Cashiering • ACFR • Enterprise Analytics & Reporting System Wide/Additional w/Executive Insights City of PortAngeles, WA Tyler Technologies, Inc. Page / 54 May 16, 2023 1 - 118 has e Functional Areas ModulesP Start Date Go -Live Date • Enterprise Forms Processing • Content ManagerSE • 3rd Party Asset Management API Connector • Capital Projects Explorer • Open Finance • PatternStream 2 Payments • Utility Billing With phase • General Billing 1 go live • Code Enforcement for General • Licenses Billing • Planning • Permits 3 Human Capital • Payrollw/Employee Access Nov2023 Jan 2025 Management • Time and Attendance (dependenton COA/GC • Human Resources&Talent completion) Management • Recruiting 4 Utility Billing • Utility Billing CIS including Sept2024 Sept2025 Graphing Agent • Utility Billing Interface • Resident Access • Accounts Receivable • • Cashiering 5 Enterprise • Business Management Suite Jan 2025 Jan 2025 Permitting& • CivicAccess— Business Licensing Management • Civic Access —Community Development • Community Development Suite • Content Management interface • Credit Card Payment Interface • Decision Engine • E-Reviews • Enterprise Permitting& Licensing Advanced Automation Bundle w/Executive Insights • Enterprise Permitting& Licensing Core Foundation Bundle • Enterprise Permitting& Licensing City of PortAngeles, Tyler Technologies, i May 16, 2023 J - 119 11.2 Intentionally left blank. City of Port Tyler Techn, w May 16, 2023 J - 120 IQPMR-TANGELES CITY COUNCIL = W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Sarina Carrizosa, Finance Director Subject: Amendment to the Agreement with SoftResources, LLC for Enterprise Resource Planning System Professional Services Summary: In December 2020, City Council approved a professional services agreement with SoftResources, LLC of Kirkland, WA to support the City in planning for the replacement of the City's Enterprise Resource Planning system. This agreement included assistance with planning replacement needs, vendor selection and contract negotiation of an Enterprise Resource Planning replacement with an option to amend the agreement for implementation services. The City has finished contract negotiations with the selected Enterprise Resource Planning solutions vender and recommends moving forward with the amendment to the SoftResources agreement to include implementation services. Funding: Funding in the amount of $2,380,400 is available in the Information Technology capital project IT0716 — Enterprise Resource Planning Road Map and Replacement for this amendment. Recommendation: Authorize the City Manager to sign the amendment to the Professional Services Agreement with SoftResources, LLC in an amount not to exceed $168,000.00 and to make minor modifications as necessary. Background / Analysis: SoftResouces, LLC has been providing the City professional services in regard to the Enterprise Resource Planning solution replacement since December of 2020. The tasks performed by SoftResources to -date include: ■ Identifying and documenting the current and future needs of the City; ■ Detecting process optimization and improvement opportunities; Defining requirements and creating a request for proposal; and Assessing, selecting, and negotiating with the new Enterprise Resource Planning software vendor. Throughout this process, SoftResources has provided valuable knowledge and expertise relative to the planning for the replacement of a complex system that impacts Citywide services. Their expertise enabled the City to select an appropriate vendor, negotiate acceptable contract terms, and allowed staff the ability to focus on tasks in their field of expertise. City staff is recommending the continued partnership with SoftResources for completion of the Enterprise Resource Planning replacement project. This will enable City staff to leverage the Consultant's skills and knowledge by allowing City staff to maximize the limited capacity available to complete essential tasks in their field required for successful project implementation. The tasks supported by this Professional Services Agreement require skilled professionals with specialized project management, system procurement, change management, process improvement, familiarity of various municipal support software tools and data management knowledge and skills, as well as several other unique skillsets the City does not currently retain in-house. For this reason, the City May 16, 2023 J - 121 is seeking outside support. The City's Enterprise Resource Planning Steering Committee will oversee the consultant's efforts and each department will have a representative throughout the process to ensure all City needs are met. Staff is recommending Council authorize the City Manager to sign the amendment to the SoftResources, LLC professional services agreement. Funding Overview: Funding in the amount of $2,380,400 is available in Information Technology capital project IT0716 — ERP Road Map and Replacement for this amendment. Attached: Amendment to the SoftResources, LLC Professional Services Agreement May 16, 2023 J - 122 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND SOFTRESOURCES,LLC IT0716 RELATING TO: PROFESSIONAL CONSULTING SERVICES FOR ENTERPRISE RESOURCE PLANNING (ERP) REPLACEMENT THIS AMENDMENT NO. 1 is made and entered into by and between THE CITY OF PORT ANGELES, a non -charter code city and municipal corporation of the State of Washington, (the "CITY") and SoftResources, LLC, a limited liability company authorized to do business in the State of Washington (the "CONSULTANT"). NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT, and this AMENDMENT NO. 1, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing Agreement for Professional Services (the "AGREEMENT") with the CONSULTANT on January 11, 2021. SECTION 2 REVISED SCOPE OF WORK The original Scope of Services of the AGREEMENT directed CONSULTANT to assist the CITY in the selection of a vendor for the ERP Replacement project. At this time, a vendor has been selected and the CITY wishes to engage the CONSULTANT to assist in the implementation of the ERP Replacement project. As such, the scope of professional services to be performed and the results to be achieved by the CONSULTANT pursuant to the AGREEMENT shall be amended to include the attached Exhibit Al to this AMENDMENT NO. 1. The extra work in Exhibit Al is in addition to the Tasks in Exhibit A — Scope of Services in the original AGREEMENT. The Scope of Services shall include all services and material necessary to accomplish the work. II TIME OF PERFORMANCE As a result of this revision to the Scope of Services, the initial time for performance of the AGREEMENT must be extended. Therefore, the time of performance in Section IV of the AGREEMENT is amended to read: The duration of the AGREEMENT shall extend through June 30, 2026. May 16, 2023 J - 123 III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement for this AMENDMENT NO. 1 is stated in the attached Exhibit Al. The maximum compensation amount, referenced in Section VI of the AGREEMENT, is amended from $80,940 to $248,940 an increase of $168,000. The budget for any Task may be further adjusted by mutual agreement without an amendment to the AGREEMENT, so long as the maximum compensation amount of $248,940 is not exceeded. IV EXHIBITS AND SIGNATURES This AMENDMENT NO. 1 together with the original AGREEMENT, including their exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by written amendment executed by both parties. The following exhibit is hereby made part of this AMENDMENT NO. 1: Exhibit Al — Amendment No. 1 for Contract IT0716 Implementation Project Management Consulting Services for ERP System Implementation SECTION 3 Except as modified herein, the original AGREEMENT is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 to the Agreement as of the date and year of the last signature affixed below. CITY OF PORT ANGELES SOFTRESOURCES, LLC RIN Nathan A. West City Manager Printed Name: Date: Title: Date: APPROVED AS TO FORM: City Attorney May 16, 2023 J - 124 ATTEST: City Clerk May 16, 2023 J - 125 Proposal for City of Port Angeles Amendment No. 1 for Contract IT0716 Implementation Project Management Consulting Services for ERP System Implementation May 10, 2023 / --- ��"Fa SoftResources S O F T W A R E C O N 5 U L T I N C Submitted by SoftResources LLC Spencer Arnesen, Principal 425.216.4030 sarnesen@softresources.com Amendment No. 1 for Contract IT0716 Implementation Project Management Services for ERP System Implementation Scope of Services This Amendment No. 1 per Contract IT0716 details the Implementation Project Management Services SoftResources can provide to the City for the implementation of Tyler Technologies Enterprise ERP, ExecuTime, and Enterprise Permitting and Licensing products. SoftResources Project Management Services are focused on providing a highly experienced extension to our client's internal project team. We offer services for all phases of implementation including implementation planning, implementation execution, post implementation activities and project closeout. Our goal is to assist the City in overall Project Management with a focus on time, quality, and cost. We will work in collaboration with the City's Project Manager and internal Project Team, and the software Vendor throughout the implementation project as requested by the City. The following table details the various services we can provide during the implementation but will only provide the specific services requested by the City. * Implementation Project Management Services Implementation SoftResources can support the City with the implementation of Tyler Services Overview Technologies software, which includes Enterprise ERP Financials with Utility Billing, and Enterprise Permitting and Licensing. Based on our experience, the services we provide will differ throughout the various phases of implementation. The ERP implementation services should support the following basic pillars: • Plan and monitor project progress. • Vendor management and liaison. • Co -manage project time, scope, quality, and budget. • Augment the City's implementation team. Note: Enterprise Asset Management is considered optional and implementation services are not included in the scope of this proposal. Tasks Description a. Project Plan and • Along with the City's Project Manager, review the vendor's Timeline implementation Project Plan that defines tasks, assigns responsibilities, dates, milestones, and deliverables. • Help to ensure all tasks required for the project are included in the Plan with start and end dates. • Assist with internal resource assignment and planning as needed. • Monitor project progression according to the Project Plan with a vision towards completed, current as well as upcoming or future tasks. b. Task Management • Participate in the coordination and oversight of tasks for adherence to the project plan and timeline. • Work with the City's internal Project Manager to ensure staff are updated to current and upcoming tasks. • Help document and monitor internal Action Items as needed to augment the Project Plan. May 16, 2023 J - 127 Amendment No. 1 for Contract IT0716 Implementation Project Management Services for ERP System Implementation • • Implementation Project Management Services c. Change Orders • Help with the review of project change orders initiated by the vendor to ensure they are in line with expectations. • Help ensure that change orders include the proper documentation and justification for any additional services or software required beyond the original contract. d. Project Team • Work alongside the City's Project Manager to help coordinate, schedule Status Meetings and participate in implementation planning meetings with City Project Team and Vendor Implementation Team. • Review the status of the project as well as upcoming tasks and deliverables during meetings. • Work with the City's Project Manager to assist with the development of monthly Project Status Reports for distribution to City Managers, Sponsors and Directors as needed. e. Vendor Status • Participate in regular status meetings and ad hoc meetings as needed Meeting with client and the Vendor's Implementation Project Management Team. Status Meetings should discuss the current state of the project including a review of open tasks, completed tasks, current tasks, future tasks, issues, risks, client and vendor resources, and other planning activities as scheduled. f. Executive Sponsor • Participate in project status meetings along with the City's Project Liaison Manager to keep the Executive Sponsor apprised of project status. g. Communications . The Vendor should develop a Communication Plan that defines the Plan elements of communication for the project. This Plan outlines the who, what, where, when, and how of communication across the organization. • SoftResources will review the Vendor's Communication Plan to ensure it meets the needs of the City. • Work with the City's Project Manager to set up internal communications as needed during various stages in the project lifecycle. h. Organizational • Help to identify the possible change management issues the project may Change face and work with the City's Project Team to develop a change Management management plan to address them. i. Risk Management • A Risk Management Plan defines the potential risks for the project, Plan assigns a risk owner, outlines the Plan to address the risk should it arise. The Vendor typically creates this Plan as part of project initiation. • Optionally SoftResources can create a Risk Management Plan according to client preferences and direction. j. Discovery • This is normally the first phase of a software implementation. During the discovery process, the selected Vendor will provide training on the software and review of the best practices and functionality it can May 16, 2023 J - 128 Amendment No. 1 for Contract IT0716 Implementation Project Management Services for ERP System Implementation • Implementation • Project Management Services provide. The sessions will be used to review the current environment for assessing processes and workflows across the organization. • SoftResources can participate in these sessions and act as an objective guide to the information provided and the decisions made. k. Design and • When Discovery Sessions are complete the vendor will provide a Configuration recommendation for the configuration and design of the system. • The Design phase typically includes the plan for interfaces or integration, data conversion, cutover plan, forms development, report development, testing plan test scripts, role definitions, user administration, etc. • SoftResources can support the review of the design document and the configuration completed to provide an objective view. I. Data Conversion • SoftResources can help with monitoring the data conversion process to ensure tasks are completed as defined, data is validated, and signoff is achieved. m. Training Plan • SoftResources can assist with the development of a high-level training plan for pre- and post- go live training, as well as explore strategies to help keep users up to date on the software features and functions. n. Testing • Work with the City to review the Vendor's Testing and Training plan for completeness. • Participate in User Acceptance Testing oversight, e.g., script review, staff coordination and other activities associated with data migration, software configuration, and acceptance. o. Post -Go -Live • Participate in the review of tasks or activities that need to be completed Planning after go -live. • Work with the City's Project Manager to establish a timeline for completion. p. Closeout • Review the Project Plan with the City's Project Manager to ensure all tasks are completed. • Review the cutover strategy to be used by client to ensure all steps have been properly executed. • Participate in the Vendor's transition to support process for staff. May 16, 2023 J - 129 Amendment No. 1 for Contract IT0716 Implementation Project Management Services for ERP System Implementation Fees Fees shall be $175 per hour and billed on a Time and Materials basis monthly plus travel expenses. For this project we estimate 40 hours per month for 24 months. The amount of time per month will vary depending on the stage of the implementation project and the services required from the City. $175/hour x 40 hour per month x 24 months = $168,000.00 At this time, we expect services will be provided virtual or remote. Should on -site services be requested, we will charge for travel costs including mileage, per diem, and lodging. Fees and expenses will be billed monthly for services performed plus travel costs incurred and managed to budget. We expect travel expenses to be minimal for this project. May 16, 2023 J - 130 �P-Q-R-TANGELES CITY COUNCIL ,rQ= WASH I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Decant Facility Design — Amendment 4 (PSA-2020-13) Summary: The purpose of this memo is to amend the Decant Facility Design professional service agreement with KPFF Consulting Engineers. This contract amendment funds the completion of the 100% design, plans, specifications and estimate for the Decant Facility at the Transfer Station (SW0112) approved in the 2023-2028 Capital Facilities Plan (CFP). Funding: Funds are available in the 2023 Water Utility Capital Facility Budget (452-7588-594-6510) in the amount of $777,400, 2023 Wastewater Utility Capital Facility Budget (453-7488-594-6510) in the amount of $777,400, 2023 Solid Waste Utility Capital Facility Budget (454-7588-594-6510) in the amount of $707,100, Stormwater Utility Capital Facility Budget (456-7688-594-6510) in the amount of $977,400, and from a Department of Ecology Water Quality Grant in the amount of $40,000 for Construction Management Support (WQC-2016-PoAnPW-00368) Recommendation: 1) Approve Amendment 4 to the Decant Facility Design Professional Services Agreement with KPFF Consulting Engineers, increasing the total contract value by $151,135 to a new, not - to -exceed amount of $350,454.00, and 2) extend the agreement expiration date to December 31, 2024, and 3) authorize the City Manager to sign all documents and agreements necessary to effect the amendment and to make minor modifications to the agreement as necessary. Background / Analysis: On May 5, 2020, City Council approved a professional service agreement with KPFF Consulting in support of the design of a new decant facility. This project will help prevent pollutants such as suspended sediment, heavy metals, nutrients, and trash from entering Port Angeles Harbor and the Salish Sea. The new Decant Facility will serve the City Stormwater utility, in addition to the City's Solid Waste, Wastewater and Water utilities. Each utility generates separate and unique decant waste which requires separate decant bays for dewatering and storage. The newly constructed facility will feature a covered decant area dedicated to street sweeper and vactor truck decant activities. Decommissioning of the existing Decant Facility will also result in the removal of a large Inflow and Infiltration source to the Wastewater conveyance system, reducing the volume, frequency and likelihood of potential Combined Sewer & Sanitary Sewer Overflows. The City received and accepted a Washington State Department of Ecology Water Quality Financial Assistance Agreement (WQC-2016-PoAnPW-00368) Grant in the amount of $474,300 for design and partial construction of a new Decant Facility. The only portion of the grant being used through this agreement with KPFF consulting is $40,000 of which will be utilized for construction management support. Remaining grant funds will be utilized for Grant Administration and Construction. Multiple factors have contributed to design delay and higher than anticipated design costs, including revisions of the initial site selection and re-evaluation of the facility size to meet the operational needs, rather than the size constraints stemming from initial site selection. A longer than anticipated property purchase process also contributed to delays in the design process. May 16, 2023 J - 131 KPFF has identified the facility's functional requirements, facility layout, facility size, and specific dewatering method. Work remaining in the design process involves completion of Department of Ecology required pre -design reports, incorporating Department of Ecology feedback, permitting assistance, and bringing the 60% design plans to construction ready documents, in addition to bidding and construction support services. Additional budget has also been allocated to the Technical Assistance/Directed Services task which provides for engineering and technical support for unforeseen issues that may arise requiring expedited attention. The following table is a breakdown of the remaining design services costs. Task Title Task Total Task 1. Coordination and Consultation $4,168 Task 2. Subconsultant Design Services — Geotech, Electrical $34,560 Task 3. Complete Construction Documents $50,249 Task 4. Supplementary Reports and Manuals $10,428 Task 5. Permitting Assistance $13,316 Task 6. Bidding Support $3,414 Task 7. Directed Services $35,000 Amendment 4 Total Budget $151,135 Original Contract Budget $199,319 Amendment 4 Maximum Compensation $350,454 Funding Overview: Funds are available in the 2023 Water Utility Capital Facility Budget (452-7588- 594-6510) in the amount of $777,400, 2023 Wastewater Utility Capital Facility Budget (453-7488-594- 6510) in the amount of $777,400, 2023 Solid Waste Utility Capital Facility Budget (454-7588-594-6510) in the amount of $707,100, Stormwater Utility Capital Facility Budget (456-7688-594-6510) in the amount of $977,400, and from a Department of Ecology Water Quality Grant in the amount of $40,000 for Construction Management Support (WQC-2016-PoAnPW-00368) May 16, 2023 J - 132 AMENDMENT NO.4 TO THE SERVICE AGREEMENT BETWEEN I L a I THE CITY OF PORT ANGELES AND Ge`'OwoRKS KPFF CONSULTING ENGINEERS PSA-2020-13 RELATING TO: 2020 DECANT FACILITY DESIGN SUPPORT THIS AMENDMENT NO. 4 is made and entered into by and between THE CITY OF PORT ANGELES, a non -charter code city and municipal corporation of the State of Washington, (hereinafter called the "CITY") and KPFF CONSULTING ENGINEERS, Inc, a Washington corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT"). NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT, the first, second, third AMENDMENT, and this fourth AMENDMENT, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing Decant Facility Design Support Agreement (the AGREEMENT) with the CONSULTANT on 6/11/2020. The AGREEMENT was subsequently amended on 05/28/2021 (AMENDMENT 1), 12/27/2021 (AMENDMENT 2), and 12/16/2022 (AMENDMENT 3). SECTION 2 I REVISED SCOPE OF WORK The scope of professional services to be performed and the results to be achieved by the CONSULTANT pursuant to the AGREEMENT shall be amended to include the attached Exhibit A4 to Amendment 4. The extra work in Exhibit A4 is in addition to the Tasks in Exhibit A — Scope of Services in the original Agreement. The Scope of Services shall include all services and material necessary to accomplish the work. II TIME OF PERFORMANCE Multiple factors have contributed to design delay including revisiting of the initial site selection, lengthy property acquisition, and re-evaluation of the facility size to meet operational needs. As a result, the initial scope, schedule and budget agreed upon in April 2020 have been exceeded. Therefore, the time of performance in Section IV of the Agreement is amended to read: The duration of the Agreement shall extend through December 31, 2024. MAWAZ'*02 e0-13, AMENDMENT NO.4 J - 133 [FORM REVISED 7/20171 Page 1 of 16 III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement for this AMENDMENT NO. 4 are stated in the attached Exhibit C4. The maximum compensation amount, referenced in Section VI of the AGREEMENT, is amended from $199,319 to $350,454 an increase of $151,135. The budget for any Task may be further adjusted by mutual agreement without an amendment to the AGREEMENT, so long as the maximum compensation amount of $350,454 is not exceeded. IV EXHIBITS AND SIGNATURES This Amendment together with the original Agreement and Amendment Nos. 1, 2, 3, including their exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by written amendment executed by both parties. The following exhibits are hereby made part of the Amendment. Exhibit A4 — Scope of Work Exhibit B4 — Remaining Project Schedule Exhibit C4 — Budget Summary Exhibit D4 — 2023 Consultant Time Plus Expense Rate Schedule Exhibit E4 — Subconsultant Services MAWA16J02 e0-13, AMENDMENT NO.4 J - 134 [FORM REVISED 7/20171 Page 2 of 16 SECTION 3 Except as modified herein, the original AGREEMENT, as amended, is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 to the Agreement as of the date and year of the last signature affixed below. CITY OF PORT ANGELES LOW Nathan A. West City Manager Date: APPROVED AS TO FORM: City Attorney ATTEST: City Clerk KPFF CONSULTING ENGINEERS By: Printed Name: Title: Date: MAWAZ'*49240-13, AMENDMENT NO.4 J - 135 [FORM REVISED 7/20171 Page 3 of 16 EXHIBIT A4 SCOPE OF WORK Task 1. Coordination and Consultation: Consultant will provide coordination, documentation and correspondence with the City's staff to support project progress and communications, including: a. Regular telephone and email correspondence. b. Tracking and review of remaining action items and due dates. Task 2. Subconsultant Design Services: With design progression it was determined additional geotechnical field exploration was necessary to inform the design of stormwater facilities. Additionally, electrical design support was previously a design exclusion. a. Consultant will work with Landau Associates to perform infiltration, PIT testing, and reporting required to support design and construction of infiltration facilities (see attached Landau Associates Proposal for Supplemental Service). b. Consultant will work with BCE to provide electrical site improvements including power supply, site lighting, power, and security (see attached BCE Proposal). Task 3. Construction Documents: The Consultant has prepared plans to a 60%+ design level. Documents for the facility, include: facility layout, enlarged plans, sections and details as appropriate to depict the configuration, materials and features of the proposed improvements; technical specifications for the construction; construction cost estimates; a stormwater management plan; and a stormwater pollution prevention plan. To bring the design plans from 60% to construction ready documents Consultant will work with Subconsultants to refine design elements such as stormwater and electrical. In addition, the Consultant will incorporate Ecology feedback and necessary design detailing of civil and structural improvements. Task 4. Supplementary Reports and Manuals: Consultant has prepared a draft pre -design report documenting the operation of the proposed facility, design calculations, stormwater analysis, and design drawings. The amendment includes time to coordinate with Department of Ecology to bring the draft report to final and in alignment with final construction documents. Task 5. Permitting Assistance: It is Consultant's understanding that the City is the lead agency for SEPA, and will be for the land use and construction permitting. The Consultant will support Public Works staff in preparation of the permit applications for Building Permit and Electrical Permit. Consultant will prepare the application for DOE Construction Stormwater General Permit, and assist in project permitting by preparing supporting documentation and data for permit applications as requested by the City. Consultant will respond to questions and comments from permit review agencies, and make revisions to construction documents as appropriate. MAWAZ'*02 e0-13, AMENDMENT NO.4 J - 136 [FORM REVISED 7/20171 Page 4 of 16 Task 6. Bidding Support: During project bidding, the design team will respond to questions from interested contractors, prepare any necessary addenda to the bid documents to address issues that arise during the bid process; and assist the City in evaluation of bid's received. Task 7. Directed Services: Consultant will provide design / construction support related professional services and technical assistance to the City at the specific direction of authorized City staff. No such assistance or services will be provided unless specifically directed by the City. The purpose of this task is to facilitate timely response by the Consultant to needs that are currently unforeseen. Effort associated with directed services will be on a time and expense basis for a defined scope under the contract billing rates. DELIVERABLES Consultant shall provide the following deliverables: l . Electronic files for AutoCAD format construction drawings, including external reference files. 2. Signed and stamped construction drawings in electronic PDF format, including both half and full-size drawings. To the extent possible Consultant will format these drawings to be under 12 MB in size. 3. Signed and stamped construction drawings printed full size. 4. Electronic files for technical specifications in Word and PDF format. 5. Engineers cost estimate in electronic Microsoft Excel and PDF format. ASSUMPTIONS Consultant made the following assumptions in developing this scope: 1. Wetland delineation, mapping and consultation will not be required. 2. LEED documentation will not be completed. 3. No significant design changes will be requested following completion of the 60% level of completion for the Construction Documents. 4. Improvement of adjacent public streets will not be required as a part of the project modifications within the public streets will be limited to restoration of areas disturbed by utility and storm drain crossings. 5. Hazardous materials investigation or mitigation will not be required. 6. Permit or agency review fees will be paid by the City of Port Angeles. 7. ACAD layering will conform to APWA formatting standards, and City of Port Angeles standards. 8. Specifications will be developed consistent with WSDOT/APWA 2020 Standard specifications, amendments, and General Special Provisions. MAWAZ *02 0-13, AMENDMENT NO.4 J - 137 [FORM REVISED 7/20171 Page 5 of 16 ADDITIONAL SERVICES Additional services include all services that are not part of the Scope of Work as described above. This includes those services that arise as a result of unforeseen circumstances during the design or construction of the project and will require additional fee or adjustment to the schedule. Prior to the commencement of additional services, Consultant will consult with City staff to agree upon the scope and associated fees for additional services. Additional services work shall be issued via Directed Service Order. Typical items considered Additional Services include, but are not limited to, the following: 1. Services resulting from changes in scope or magnitude of the project as described above. 2. Redesign to reduce construction cost where the reason for the excessive cost is outside the control of the Consultant. 3. Redesign requested to accommodate construction materials, methods, or sequences proposed by Value Engineers, Bidders, or the General Contractor as alternatives to those indicated on the Contract Documents. 4. Services required to provide construction support. During construction, the design team will review Requests for Information, Submittals, Contractor Payment Requests and Change Order Proposals. Design team members will complete site visits and attend construction meetings as appropriate based on the progress and sequence of construction. For the purposes of this proposal, it is assumed that Consultant will complete 10 site visits to observe civil and structural construction, and participate in 10 construction meetings. Additionally, the design team will provide the following services during the construction phase: a. Prepare punch lists to identify construction deficiencies. b. Prepare record drawings in AutoCAD format based on drawing redlines prepared by the Contractor. c. Phone conversations, email correspondence as typically required to assist the City and support the ongoing progress of construction. 5. Services resulting from corrections or revisions required because of deviations from the Contract Documents during construction. 6. Services required to accommodate site conditions discovered during demolition, excavation, or foundation construction that could not have been reasonably anticipated to occur at the time this letter was written. END OF EXHIBIT MAWAZ *02 0-13, AMENDMENT NO.4 J - 138 [FORM REVISED 7/20171 Page 6 of 16 EXHIBIT B4 — REMAINING PROJECT SCHEDULE Remaining Task Milestones Schedule Complete / Submit Pre -Design Report Ma -23 Ecology Pre -Design Report Review Jul -23 90% Plans and Specifications for Ecology Review August-23 Complete Building Permit Process Jul - Se tember-23 Prepare Bid Packet Se tember-23 Bid Advertisement / Contract Award October-23 Review Early Submittals Including Metal Building November - December-23 Contractor Mobilization March-24 Construction Closeout December-24 END OF EXHIBIT MAWA't*02 e0-13, AMENDMENT NO.4 J - 139 [FORM REVISED 7/20171 Page 7 of 16 EXHIBIT C4 - BUDGET Task Title Task Total Task 1. Coordination and Consultation $4,168 Task 2. Subconsultant Design Services $34,560 Task 3. Complete Construction Documents $50,249 Task 4. Supplementary Reports and Manuals $10,428 Task 5. Permitting Assistance $13,316 Task 6. Bidding Support $3,414 Task 7. Directed Services $35,000 Amendment 4 Total Budget $151,135 Original Contract Budget $199,319 Amendment 4 Maximum Compensation $350,454 END OF EXHIBIT MAWAZ'*C29240-13, AMENDMENT NO.4 J - 140 [FORM REVISED 7/20171 Page 8 of 16 EXHIBIT D4 — Consultant Time Plus Expense Rate Schedule MAWAZ'*49240-13, AMENDMENT NO.4 J - 141 [FORM REVISED 7/20171 Page 9 of 16 KPFF CONSULTING ENGINEERS Special Projects Division FEE SCHEDULE for PROFESSIONAL ENGINEERING SERVICES Personnel Charges 2020 Hourly Rates Principal $227 Senior Project Manager $217 Project Manager $200 Senior Technical Specialist $210 Senior Engineer $180 Professional Engineer $160 Construction Project Manager $155 Design Engineer $140 Designer $120 Sr. CAD Technician $130 CAD Technician $112 Project Coordinator $115 Administration $85 Reimbursable Expenses Non -salary costs such as charges for express mail, delivery, photography, reproduction, automobile mileage, parking and client -directed out-of-town travel shall be reimbursed at cost without mark-up. Subconsultants The billings of subconsultants will be marked up 8%. May 16, 2023 J - 142 = February 17, 2023 KPFF Consulting Engineers 2407 North 31 st Street, Suite 100 Tacoma, WA 98407 Attn: Chelsea Bennett RE: Port Angeles Decant Facility — BCE Proposal Dear Chelsea, Thank you for the opportunity to provide our proposal for the above referenced project. The scope of work, as we understand, is to provide electrical design services for the new Port Angeles Decant Facility. Design Services to be provided are: - Lighting plan to illuminate the facility - Includes Site Perimeter lighting - Power plans for electrical service, pump station connections (to a pre -packaged system), miscellaneous equipment - Low voltage systems plans for Electronic Security System connections on site - Coordination with Clallam County PUD - Permit drawings and documents for the city of Port Angeles (NREC forms include Lighting) - Construction Drawings and specifications for bidding purposes - Up to two coordination meetings, one cost estimate (if desired), and two formal submittals An optional fee has been provided for a site visit (if necessary to determine power connection location) We propose to perform the above listed services for a fixed fee as follows: Electrical Design Fee: $11,400 Site Visit (if desired): $ 1,400 Electrical Construction Assistance: $ TBD Exclusions and Assumptions: - Construction Assistance is not included at this time - Low voltage systems information (makes, models, network connection information, etc) will be provided to BCE by the City. o If BCE is required to assist in developing Electronic Security Systems standards, additional hours may be required. Thank you for the opportunity to provide design services for this project. Please review the information and if you have any questions or need further information, please feel free to give me a call. Sincerely, BCE ENGINEERS, INC. Ben Hedin, P.E. Principal MMpg]n Rine efss,, c. 6021 121 St. East, Suite 200 Fife, Washington 98424 P 253.922.0446 F 253.942:0�3 LALANDAU A 5 5 0 C I A T E 5 March 10, 2023 KPFF Consulting Engineers 2407 North 31st Street Suite 100 Tacoma, WA 98407 Attn: Ms. Chelsea Bennett, PE Transmitted via email to: chelsea.bennett@kpff.com Re: Proposal for Supplemental Services — Pilot Infiltration Testing Proposed Port Angeles Decant Facility Port Angeles, Washington Dear Ms. Bennett: Landau Associates, Inc. (Landau) is pleased to submit this proposal for supplemental geotechnical field investigation and reporting services in support of a new decant facility to be constructed in Port Angeles, Washington (the City; site). Landau previously provided subsurface exploration and geotechnical design services for this project; the results of those services were reported in a technical memorandum dated February 9, 2022. Current design of the site includes two stormwater infiltration ponds — one at the southwest corner of the site and one at the southeast corner of the site, as shown in the sketch below. SE SW Infiltration L Infiltration v�_ j Pond PondLZ -� f -I� 25923 Washington Blvd NE, Suite 220 • Kingston, Washington 98346 • (206) 631-8680 • www.landauinc.com May 16, 2023 J - 144 Proposed Port Angeles Decant Facility — Supplemental Pilot Infiltration Testing Landau Associates During Landau's previous investigation and reporting, preliminary stormwater infiltration recommendations were developed using a grain -size -based approach. Since then, site layout has progressed and KPFF Consulting Engineers (KPFF) is now prepared to refine the stormwater design using infiltration rates determined using the field -based Pilot Infiltration Test (PIT) procedures identified in the Washington State Department of Ecology's 2019 Stormwater Management Manual for Western Washington (SWMMWW). Proposed Scope of Supplemental Services Landau's proposed scope of supplemental services includes the following tasks: Coordinate the clearance of underground utilities at the proposed stormwater infiltration pond locations. Landau will mark the explorations in the field and contact the Washington Utilities Coordinating Council's "One Call" locating service, as required by law. Landau previously hired a private utility -locating service to identify conductible utilities located outside of public easements; based upon site conditions, additional private utility location services will not be provided for this supplemental scope. Coordinate the supplemental field activities, including subcontracting with an excavation subcontractor and interacting with the City for the use of a water hydrant during infiltration testing. • Perform one PIT near the center of both the southwest and the southeast stormwater infiltration ponds (two PIT tests total). Based upon expected infiltration rates, the Small Scale PIT procedure identified in Volume V, Chapter 5.4 of the SWMMWW will be used. Infiltration testing will be targeted to occur in glacial outwash soils encountered during previous site exploration. To accomplish this, infiltration testing is expected to be necessary at depths between 4 to 7 feet below existing grades. After testing has been completed, the excavation will be extended several feet to check for groundwater mounding or impervious soil layers. • Excavate one to two additional test pits within the footprint of each of the stormwater infiltration ponds. Test pits will be excavated up to 10 feet below ground surface, to groundwater, or to practical refusal. The primary purpose of these supplemental test pits will be to better understand the elevation of the top of the infiltration soil unit within the footprints of the infiltration ponds. Representative samples will be collected of the soils encountered during excavation of both the PITs and the supplemental test pits. Upon completion of fieldwork, the test pits and PIT excavations will be backfilled with excavated soil and tamped with the excavator bucket. • Perform calculations to arrive at the short-term infiltration rate. • Perform laboratory testing on recovered samples to characterize the treatment potential of selected soil samples. Tests to be performed include determinations of total organic content and cation exchange capacity; we assume that a total of four samples will undergo these determinations. • Prepare a technical memorandum that includes the following: March 10, 2023 2 May 16, 2023 J - 145 Proposed Port Angeles Decant Facility — Supplemental Pilot Infiltration Testing Landau Associates — A site plan showing the proposed site layout and pertinent existing site features, the locations of previous geotechnical explorations, new explorations, and PIT locations; — Summary logs of the new explorations; — The results of laboratory testing; — The results of pilot infiltration testing, calculations of short-term infiltration rates, discussion of suitable correction factors, and design infiltration rate recommendations suitable for the completion of KPFF's stormwater design. Assumptions Landau made the following assumptions when preparing this scope of services and cost estimate: Upon completion of fieldwork, test pits will be backfilled with excavated soil and tamped with the excavator bucket; no further site restoration or revegetation will be provided (some surface settlement may occur). • Glacial outwash soil will be located within 8 feet of existing grades at the exploration locations. • A no -fee permit will be granted by the City of Port Angeles for use of a water hydrant located near the east side of the project site; water from this hydrant will be used for infiltration testing. Schedule The field investigation is scheduled for the week of March 20-24, 2023, and will require 1 day to complete. A draft technical memorandum will be submitted 2 weeks after the field investigation has been completed. A final version of the technical memorandum will be submitted within 1 week of receiving the design team's comments on the draft. This schedule can be adjusted as needed. Budget and Terms of Service Services will be provided on a time -and -expenses basis under the terms presented in the existing Agreement for Subconsultant Services between KPFF Consulting Engineers (KPFF) and Landau Associates, Inc. (Landau); this Agreement is dated September 29, 2021 (fully executed on November 1, 2021). Landau proposes to provide the supplemental services outlined above for an additional fee of $19,200 and in accordance with the rates in Landau's attached 2023 Compensation Schedule. An approximate breakdown of this budget is as follows: Project Management, Task Start-up, Coordination, Close -Out $ 2,100 Supplemental Field Activities (including Subcontract Excavator) $14,400 Analysis and Reporting $ 2,700 Total $19,200 Landau will not exceed its authorized budget without KPFF's written approval. To authorize Landau's supplemental services, please prepare an Agreement modification. March 10, 2023 3 May 16, 2023 J - 146 Proposed Port Angeles Decant Facility — Supplemental Pilot Infiltration Testing Landau Associates Closing We appreciate the opportunity to provide these additional services. If you have questions or require additional information, please contact Chad McMullen at (206) 498-1583 or at cmcmullen@landauinc.com. LANDAU ASSOCIATES, INC. --- Chad Chad McMullen, PE Sr. Project Engineer Lance Levine, PE Senior Engineer CTM/LGL/kee 2023-0915 [P:\121\052.010\T\SUPP PIT TESTS\PROPOSAL FOR SUPPLEMENTAL SERVICES 3.10.2023 - PIT TESTS.DOCX] Attachments: 2023 Compensation Schedule March 10, 2023 4 May 16, 2023 J - 147 LALANDAU A S S O C I A T E S COMPENSATION SCHEDULE-2023 Personnel Labor Hourly Rate Senior Principal 335 Principal 310 Senior Associate 285 Associate 260 Senior 235 Senior Project 210 Project 190 GIS Analyst / CAD Designer 190 Senior Staff 175 Staff / Senior Technician II 160 Data Specialist 160 CAD / GIS Technician 150 Project Coordinator 135 Assistant / Senior Technician 1 125 Technician 110 Support Staff 95 Expert professional testimony or the preparation thereof for court, deposition, declaration, arbitration, or public testimony is charged at 1.5 times the hourly rate. Rates apply to all labor, including overtime. Equipment Field, laboratory, and office equipment used in the direct performance of authorized work is charged at unit rates. A rate schedule will be provided on request. Subcontractor Services and Other Expenses Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services will normally be charged at a rate of cost plus a twelve percent (12%) handling charge. A higher handling charge for technical subconsultants and for high -risk field operations may be negotiated on an individual project basis; similarly, a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant involvement. Invoices Invoices for Landau Associates' services will be issued monthly. Interest of 1Y2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days. Term Unless otherwise agreed, Landau Associates reserves the right to make reasonable adjustments to our compensation rates overtime (e.g., long-term continuing projects). T: Templates\Contracts\2023 Compensation Schedule landauinc.com May 16, 2023 J - 148 iMPOR-T-ANGELES CITY COUNCIL W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Mike Healy, Director of Public Works & Utilities Subject: Material Purchase: Pad Mount Switch Gear Cabinet Summary: One (1) PME-9 pad -mounted switch cabinet is required to replenish the Electric Utility's stock inventory for unplanned replacements. The City has 16 pad -mounted switches installed throughout the distribution system. Through the City's membership with Sourcewell Cooperative Purchasing, a participating distributor of general electrical supplies WESCO/Anixter of Portland, OR was selected from the cooperative vendor list, Contract No. 091422-WES for underground utility distribution supplies. Funding: Funding is available in the 2023 Electric Utility budget as material inventory. (Budget line item 401-7180-533.34-02). Recommendation: 1) Award a contract with WESCO Distribution, Inc. through the Sourcewell cooperative purchasing agreement, for a single PME-9 switch cabinet at a price of $46,522.88 including sales tax, and 2) authorize the City Manager to sign the necessary purchase documents and to make minor modifications to the contract as necessary. Background / Analysis: The new pad -mounted switch cabinet will be used as a back-up for any unplanned replacement of the 16 cabinets currently installed throughout the City's electric system. Such events may include vehicle collisions, vandalism, or other unexpected manmade or natural equipment decay. As a participating member of Sourcewell, the City is able to piggyback on contracts awarded by Sourcewell to save time and obtain better prices. The lead time for this equipment is 46 to 48 weeks. Material costs and lead times for this Sourcewell contract are "best price offered" pricing. The City has not purchased a new pad -mount switch cabinet since 2011. At that time, this same cabinet was approximately $9,000. In 2018, an existing unit was sent in for repair at a cost of approximately $7,000. The cost increase since 2011 is in line with what we have seen for other pad -mounted distribution equipment and transformers. Pricing from the Sourcewell Cooperative Purchasing contract is summarized below: Vendor Description Qty Unit Price Total Price WESCO Distribution, Inc. PME-9 Pad Mounted Switch with fuses and fuse holders 1 $42,760 $42,760 Est. TAX $3,762.88 TOTAL $46,522.88 Funding Overview: Funds are available in the 2023 Electric Utility Operation Budget (401-7180- 533.34-02). May 16, 2023 J - 149 IQPOR-T-ANGELES CITY COUNCIL = W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 To: City Council From: Nathan A. West, City Manager Subject: Update on the Downtown Resource Officer Position and Community Contributors The City is pleased to announce that Officer Zac Moore will serve the :.' community as the Downtown Resource Officer and work to renew the - Jr s Downtown Resource Officer Program, which has been inactive for several years. As part of his new role, and under the supervision of ' Sergeant Clay Rife, Officer Moore will take ownership of the program and establish working relationships with business owners, property owners, and others who live, work and recreate in downtown Port Angeles. Pictured: Officer Zac Moore Your contributions, dedication and commitment to our City are critical to our community's continued success. Without your efforts, as well as those of Elevate PA, important initiatives such as the renewal of the Downtown Resource Officer Program would not be possible. We sincerely thank you, not only for your contributions, but for everything you do for the betterment of the Port Angeles community! Coho Ferry Pacific Rim Hobby Cabled Fiber 4PA Moss Chamber of Commerce PA Wharf Cherbourg Red Lion Heckman Moters Clallam Transit JoAnn Vickery Cook Catherine and Tom Harper First Federal Adam and Mimi Knott (Alden of Carmel) Field Arts & Events Hall Staff and Board Members May 16, 2023 L - 1 IQ P Q R TANGELES CITY COUNCIL = W A S H I N G T O N, U.S. MEMO Date: May 16, 2023 TO: Mayor Dexter, Deputy Mayor Meyer, Councilmember Carr, Councilmember McCaughan, Councilmember Miller, Councilmember Schromen-Wawrin, Councilmember Suggs From: Sarina Carrizosa, Finance Director Subject: Monthly Update on Past Due Utility Accounts - April CITY OF PORT ANGELES MONTHLY REPORT ON PAST DUE ACCOUNTS MARCH - APRIL 2023 FEBRUARYOMCMaRIL2023 AMOUNT CHANGE M. Number of Customers Past Due 1,725 1,690 1,590 (100) -5.92% Number of Disconnections for Non-payment - - - - N/A 60 days past due amount 178,871.24 220,843.72 226,901.39 6,057.67 2.74% 90 days past due amount 89,995.13 135,658.32 136,452.20 793.88 0.59% 120days past due amount 1,211,304.63 1,179,689.41 1,164,030.62 1 (15,658.79) -1.33% Total amount past due 1,480,171.00 1,536,191.45 1,527,384.21 1 (8,807.24) -0.57% Total Additional Payment Plan Agreements 1 22 1 52 1 64 12 23.08% 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 MARCH - APRIL 2023 PAST DUE AMOUNTS 55.0 45.0 35.0% 25.0% 15.0 5.0% -5.0% 60 days past due 90 days past due 120 days past due Total amount past due amount amount amount FEBRUARY 2023 MARCH 2O23 APRIL 2023 —% CHANGE MAR - APR May 16, 2023 L - 2