On the agenda: Silver City Special Meeting — datacenter (Aug 22)
Past ⚠ Agenda Watch Silver City, New Mexico · Tuesday, August 22, 2023 — 3 years ago
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The published agenda for the August 22, 2023 meeting contains: "datacenter", "data center". The meeting has passed. The agenda stays here as a permanent public record.
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GRANT COUNTY
CHRIS M. PONCE
Commissioner, District 1
GERALD W. BILLINGS JR.
Commissioner, District 4
ELOY MEDINA
Commissioner, District 2
HARRY BROWNE
Commissioner, District 5
ALICIA EDWARDS
Commissioner, District 3
CHARLENE WEBB
County Manager
BOARD OF COMMISSIONERS
SPECIAL MEETING
AUGUST 22, 2023
9:00 AM
AGENDA
I.
Call to Order
II.
Pledge of Allegiance and Salute to Flag
III.
Approval of Special Meeting Agenda
IV.
Public Input
During this portion of our meeting, we welcome your suggestions and want to hear your
concerns. This is not a question and answer period; speakers will be limited to five (5)
minutes. Any individual who would like to discuss an item in more depth may request to
be placed on a future agenda. Request forms are available in the County Manager's
Office.
V.
Presentations
a.
Update on Programs at the Commons - Dave Chandler, Director, The Commons Center for Food Security
b.
Employee Recognition/Award - Sheriff Raul Villanueva and Homeland Security
• Homeland Security Award
VI.
New Business
c.
VII.
Consideration of Sales Quote from Tyler Technologies for Content Manager Suite
in the Amount of $19,290.00
Agreements
Office Of The Grant County Commissioners
1400 Highway 180 East, Silver City, NM 88061-7837 • P.0. Box 898, Silver City, NM 88062-0898
Telephone: (575) 574-0008 Fax (575) 574-0073
Page 1 of 49
d.
Consideration of Agreement No. A-23-39; Software Service agreement with Tyler
Technologies for Tyler Annual Software - SaaS in the amount of $65,752.00
VIII. Resolutions
e.
Consideration of Resolution No. R-23-57; A Resolution Directing Publication of
Notice of Meeting and Intent to Adopt Bond Ordinance No. O-23-07 in
Connection with Grant County, New Mexico General Obligation Bonds, Series
2023
f.
Consideration of Resolution No. R-23-58; Adopting an Infrastructure Capital
Improvement Plan for the Mimbres Valley and Gila Senior Centers for Fiscal
Years 2025-2029
IX.
Commissioners' Reports
X.
Adjournment
Office Of The Grant County Commissioners
1400 Highway 180 East, Silver City, NM 88061-7837 • P.0. Box 898, Silver City, NM 88062-0898
Telephone: (575) 574-0008 Fax (575) 574-0073
Page 2 of 49
OVERALL RANK
2023 KIDS COUNT DATA PROFILE
50 NEW MEXICO
THE ANNIE E. CASEY
FOUNDATION
RANK
ECONOMIC WELL-BEING
NEW MEXICO
UNITED STATES
Children in poverty
us 12.243.000 1 NM III.000
17%
17%
2019
2021
Children whose parents lack
secure employment
26% 29%
us 21,143.000 1 NM 185,000
Children living in households with
a high housing cost burden
2019
2021
30% 30%
2019
2021
SAME
t
WORSE
SAME
25%
2019
32%
2019
26%
2019
24%
2021
35%
2021
26%
2021
us 21,857.000 1 NM 125.000
Teens not in school and not working
us 1,234.000 1 NM 14.000
6%
7%
2019
2021
t
WORSE
11%
2019
12%
2021
BEHER
T
WORSE
SAME
t
WORSE
RANK
50
EDUCATION
NEW MEXICO
UNITED STATES
Young children (ages 3 and 4) not in school
us 4.380.000 1 fJM 30.000
Fourth-graders not proficient in reading
usN.A. 1 nmN.A.
53%
54%
2012-16
2017-21
66% 68%
2019
Eighth-graders not proficient in math
usN.A. 1 nmN.A.
High school students not
graduating on time*
2022
67% 74%
2019
2022
14%
14%
2018-19
2019-20
t
WORSE
t
WORSE
t
WORSE
SAME
59%
2012-16
76%
2019
79%
59%
2017-21
79%
2022
87%
2019
2022
25%
23%
2018-19
2019-20
SAME
t
WORSE
t
WORSE
si
BEHER
usN.A. I nmN.A.
N.A.: Nol available ’Graduation data may not be comparable across time due to the impact of the COVID-19 pandemic.
Explore data on children and families at datacenter.aecf.org.
Page 3 of 49
RANK
44
HEALTH
UNITED STATES
Low birth-weight babies
us 311.932 1 KM 2,009
8.3% 8.5%
20IS
2021
6%
5%
NEW MEXICO
t
2019
BETTER
2019
2021
36
43
32%
36%
1 Children without health insurance
1 us 4.165.000 1 NM 32.000
2019
1 Child and teen deaths per 100,000
1 us 23,198 [ fJM 217
25
30
t
2019
2021
WORSE
Children and teens (ages 10 to 17)
who are overweight or obese
us N.A. 1 NM N.A.
2021
9.3% 9.4%
WORSE
31%
33%
t
2CIB-I9
2020-21
WORSE
6%
2019
2016-19
2021
6%
2021
2020-21
WORSE
SAME
t
WORSE
t
WORSE
RANK
48
FAMILY AND COMMUNITY
UNITED STATES
1
1 Children in single-parent families
1 us 23,626,000 1 NM 196,000
Children in families where the household
head lacks a high school diploma
us 8.269,000 1 NM 59.000
1 Children living in high-poverty areas
1 us 6.086,000 1 NM 92.000
1 Teen births per 1,000
1 us 146,973 1 NM 1,324
34%
34%
2019
2021
12%
11%
2019
2021
NEW MEXICO
SAME
BETTER
13%
8%
4.
2012-16
2017-21
BEHER
17
14
•1
2019
2021
BETTER
44%
2019
14%
2019
22%
2012-16
24
2019
44%
2021
12%
2021
19%
2017-21
19
2021
SAME
BEHER
BEHER
BEHER
N.A.: Not available
New Mexico Voices for Children
www.nmvoices.org
505.244.9505
Find additional data on this state’s children and families at datacenter.aecf.org/NM.
Learn about child well-being and state rankings at www.aecf.org/databook.
Page 4 of 49
the
commas
CENTER Fill FOOD SECil l TY Ai 3JSIMBIUIY
Our Mission: To meet the immediate needs of Grant County residents who are food insecure and strive to build com
munity around the concepts offood Justice, local self-sufficiency, and sustainability.
Programs and Impacts
Food Distribution/Grant County Pantries
FOOD SECURITY: Six distributions to 800 households each month. 750,000 lbs per year. 800,000 meals
Silver City/Mining District/Gila/Hachita
EMERGENCY FOOD BOXES: 20 to 55 each month. 450 each year.
COMMONS FARMSTAND: 25,000 lbs each year
"meet the immediate needs'
Alimento - School Food Partnership
FOOD SECURITY: Eleven Elementary Schools - Silver And Cobre Consolidated Schools/Aldo Leopold Charter
FAMILY FOOD BOXES/IN SCHOOL PANTRY/ DISTRICT PANTRY/BACKPACKS/VOUCHERS
SCHOOL FARMSTANDS - School gardens - Neighborhood Gardens
Rooted Youth Programs
YOUTH DEVELOPMENT - Grant County Youth Leadership Program ROOTED YOUTH CONSERVATION CORPS
Eight Week Summer Program -10 Corps Members 14 to 18 year old
Community Betterment Projects - Job Readiness Training - Soft Skills Training
School Groups - Educational Gardens
Commercial Kitchen - Entrepreneurship
FULL COMMERCIAL KITCHEN - Cold Storage - Providing support to local entrepreneurs. Business Incubation.
Culinary Ats classes with NMU and Aido Leopold Charter School
Volunteer Center of Grant County
d^^iThe Volunteer Center
VIRTUAL VOLUNTEER MANAGEMENT - Non Profit Resources
V
“To mobiliie the volunteer huirun retourcei in
Grant County to meet the needi of the community*
Disaster Preparedness - Foster a community value in volunteerism Help non profits increase capacity
"strive to build community and increase seif-sufficiency.
ENGAGING PARTNERS: The Commons is a volunteer driven organization. With four part time staff and over 65 vol
unteers, we get things done with the kindness and dedication of community members. We have active partnerships
with 45 Community Organizations.
FUNDED BY THE COMMUNITY: The Commons Center for Food Security and Sustainability relies on community
support to meet our budget. We are truly a community that cares for each other.
Thank You for Your Support
575-388-2988 office
The Commons PO Box 416 Silver City, NM 88062 - or www.thecommonsgrantcounty.org
Page 5 of 49
Quoted By:
Quote Expiration:
Quote Name:
Sales Quotation For:
Grant County
PO Box 898
Silver City NM 88062-0898
Tanner Cate
10/31/23
Tyler Annual Software – SaaS
Description
Annual
Tyler One
Content Manager Suite
Core
$ 19,290
TOTAL:
Services
Description
Content Manager Suite
Professional Services
Other Services
Project Management
2022-321319-W3N8W8
$ 19,290
Hours/Units
Extended
Price
64
$ 9,280
1
$ 250
Page 1
Page 6 of 49
Services
Description
Hours/Units
TOTAL:
Summary
One Time Fees
Total SaaS
Extended
Price
$ 9,530
Recurring Fees
$ 19,290
Total Tyler Services
$ 9,530
Summary Total
$ 9,530
Contract Total
$ 28,820
$ 19,290
Comments
Work will be delivered remotely unless otherwise noted in this agreement.
Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between
the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following
terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
•
License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software available
accessible.
•
Fees for hardware are invoiced upon delivery.
•
Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
•
Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the Client (for
Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to
align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement.
2022-321319-W3N8W8
Page 2
Page 7 of 49
Fees for services included in this sales quotation shall be invoiced as indicated below.
•
Implementation and other professional services fees shall be invoiced as delivered.
•
Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery
of custom desktop procedures, by module.
•
Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted
data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice Client the actual services delivered
on a time and materials basis.
•
Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning
Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will
be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
•
If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
•
Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will invoice Client 50%
of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon
the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite.
Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:
Date:
Print Name:
P.O.#:
2022-321319-W3N8W8
Page 3
Page 8 of 49
A-23-39
SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
“Agreement” means this Software as a Service Agreement.
“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
“Client” means Grant County, New Mexico.
“Data” means your data necessary to utilize the Tyler Software.
“Data Storage Capacity” means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation.
“Defined Users” means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains Enterprise Permitting & Licensing labeled software, defined users mean the maximum
number of named users that are authorized to use the Enterprise Permitting & Licensing labeled
modules as indicated in the Investment Summary.
“Developer” means a third party who owns the intellectual property rights to Third Party
Software.
“Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
“Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement.
“Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
“Investment Summary” means the agreed upon cost proposal for the products and services
attached as Exhibit A.
1
Page 9 of 49
“Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
“Order Form” means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
“SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
“SLA” means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
“Support Call Process” means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
“Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
“Third Party Products” means the Third Party Software and Third Party Hardware.
“Third Party SaaS Services” means software as a service provided by a third party, if any,
identified in the Investment Summary.
“Third Party Services” means the third party services, if any, identified in the Investment
Summary.
“Third Party Software” means the third party software, if any, identified in the Investment
Summary.
“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties’ products or services, as applicable.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation.
“Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1. Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
as further described in Section C(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
Page 10 of 49
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party’s business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 21. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
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 3rd party data center, we will provide
available compliance reports for that data center.
3
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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 Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
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Attestation of Compliance, which can be found at https://www.tylertech.com/aboutus/compliance, and in the event of any change in our status, will comply with applicable notice
requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set
forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith
estimates of the amount of time and materials required for your implementation. We will bill you
the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the
total values set forth in the Investment Summary will be resolved by multiplying the applicable
hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains the scope of services and related costs
(including programming and/or interface estimates) required for the project based on our
understanding of the specifications you supplied. If additional work is required, or if you use or
request additional services, we will provide you with an addendum or change order, as applicable,
outlining the costs for the additional work. The price quotes in the addendum or change order will
be valid for thirty (30) days from the date of the quote.
4. Cancellation. If you cancel services less than four (4) weeks in advance (other than for Force
Majeure or breach by us), you will be liable for all (a) daily fees associated with cancelled
professional services if we are unable to reassign our personnel and (b) any non-refundable travel
expenses already incurred by us on your behalf. We will make all reasonable efforts to reassign
personnel in the event you cancel within four (4) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
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liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party
secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely, we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control. Either way, you agree to provide us with full and free access
to the Tyler Software, working space, adequate facilities within a reasonable distance from the
equipment, and use of machines, attachments, features, or other equipment reasonably necessary for
us to provide the maintenance and support services, all at no charge to us. We strongly recommend
that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services; or (d) support outside our normal business hours as listed in our thencurrent Support Call Process. Requested services such as those outlined in this section will be billed to
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.
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SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within fifteen (15) days of notice of our intent to do so.
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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 date Tyler makes the SaaS
environment available to you, 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
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.
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1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement,
including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a
law applicable to our performance under this Agreement. You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a)
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
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
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OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH
IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL
TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS
OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF
LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability 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 twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
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4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
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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
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.
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18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated “quarantined” environment without advance notice. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non-quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve
the right to require payment of additional fees for the extended duration of quarantine. We will
provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights
data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights
data platform is subject to the Data & Insights SaaS Services Terms of Service, available at
https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the
linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A
Exhibit B
Exhibit C
Investment Summary
Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Service Level Agreement
Schedule 1: Support Call Process
SIGNATURE PAGE FOLLOWS
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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.
Grant County, NM
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
Address for Notices:
Tyler Technologies, Inc.
One Tyler Drive
Yarmouth, ME 04096
Attention: Chief Legal Officer
Address for Notices:
Grant County
PO Box 898
Silver City, NM 88062
Attention: Adam Baca
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Exhibit A
Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under
the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration
date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of
conflict between the Agreement and terms in the Comments section of this Investment Summary, the
language in the Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Exhibit A
Quoted By:
Sales Quotation For:
Grant County
PO Box 898
Silver City NM 88062-0898
Adam Baca
+1 (575) 574-0017
[email protected]
Tanner Cate
Quote Expiration:
Quote Name:
07/01/23
SaaS Flip
Tyler Annual Software – SaaS
Description
Annual
ERP Pro powered by Incode
ERP Pro 10 Financial Management Suite
Core Financials
$ 19,907
Fixed Assets
$ 3,590
System Software Non SQL
$ 2,325
Human Resources Management (Includes Position Budgeting)
$ 16,230
Project Accounting
$ 4,233
Purchasing
$ 5,644
Accounts Receivable
$ 2,958
2022-321339-G8J1B9
Page 1 of 4
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Exhibit A
ERP Pro 10 Customer Relationship Management Suite
Utility Billing Water/Gas
$ 5,499
Cashiering
$ 5,366
TOTAL:
Summary
$ 65,752
One Time Fees
Total SaaS
Recurring Fees
$ 65,752
Total Tyler Services
Summary Total
$0
Contract Total
$ 65,752
2022-321339-G8J1B9
$ 65,752
Page 2 of 4
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Exhibit A
Comments
• Work will be delivered remotely unless otherwise noted in this agreement.
• Expenses associated with onsite services are invoiced as incurred according to Tyler's standard business travel policy.
SaaS is considered a term of one year unless otherwise indicated.
Cashiering supports credit/debit cards via ETS, includes PCI Compliant, a cash collection interface, a cashiering receipt import)
Core Financials includes general ledger, budget prep, bank recon, AP, CellSense, a standard forms pkg, output director, positive pay, secure
signatures.
Utility CIS System includes collections, tax lien process and import, a standard forms pkg., output director and one Utility handheld meter-reader
interface.
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement")
between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall
conform to the following terms, subject to payment terms in an agreement, amendment, or similar document in which this sales quotation is included:
• License fees for Tyler and third-party software are invoiced upon the earlier of (i) delivery of the license key or (ii) when Tyler makes such software
available accessible.
• Fees for hardware are invoiced upon delivery.
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware.
• Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software accessible to the
Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such
fees are prorated to align with the applicable term under the agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below.
o Implementation and other professional services fees shall be invoiced as delivered.
o Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50%
upon delivery of custom desktop procedures, by module.
o Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to
load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, Tyler will invoice
Client the actual services delivered on a time and materials basis.
o Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where
"Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project
Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of
project planning.
2022-321339-G8J1B9
Page 3 of 4
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Exhibit A
o If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement.
o Notwithstanding anything to the contrary stated above, the following payment terms shall apply to fees specifically for migrations: Tyler will
invoice Client 50% of any Migration Services Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%,
by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above
upon the go-live of the first product suite. Annual SaaS Fees will be invoiced upon availability of the hosted environment.
Any SaaS or hosted solutions added to an agreement containing Client-hosted Tyler solutions are subject to Tyler’s SaaS Services terms found here:
https://www.tylertech.com/terms/tyler-saas-services.
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held
For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.
Customer Approval:
Date:
Print Name:
P.O.#:
2022-321339-G8J1B9
Page 4 of 4
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Exhibit B
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term, your annual
SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
Services” are provided, payment will be due upon delivery of the Implementation Planning
document. Dedicated Project Management services, if any, will be billed monthly in arrears,
beginning on the first day of the month immediately following initiation of project planning.
2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
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Exhibit B
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 Web Services: Annual fees for web services are payable in advance, commencing upon the
availability of the service. Your annual fees for the initial term are set forth in the
Investment Summary. Upon expiration of the initial term, your annual fees will be at our
then-current rates.
2.8 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services are due
annually, in advance, commencing on the availability of the service. Your annual fees for the
initial term are set forth in the Investment Summary. Upon expiration of the initial term,
your annual fees will be at our then-current rates.
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software
is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary. For the
avoidance of doubt, Finite Matters will invoice Client directly for any services fees for
Pattern Stream.
3.5 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance,
commencing with availability of the respective Third Party SaaS Services. Pricing for the first
year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for
subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment
Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current
Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be
provided upon request; we reserve the right to charge you an administrative fee depending on
the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and
mileage logs are not available.
6. Credit for Prepaid Maintenance and Support Fees for Tyler Software. Client will receive a credit
for the maintenance and support fees prepaid for the Tyler Software for the time period
commencing on the first day of the SaaS Term.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
[email protected].
2
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Exhibit B
Schedule 1
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee’s total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee’s total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
•
•
Up to five (5) days = one (1) checked bag
Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
1
Page 30 of 49
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 for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the
hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
2
Page 31 of 49
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 General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon
Depart after 12:00 noon
Lunch and dinner
Dinner
Return Day
Return before 12:00 noon
Return between 12:00 noon & 7:00 p.m.
Return after 7:00 p.m.*
Breakfast
Breakfast and lunch
Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast
Lunch
Dinner
15%
25%
60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
3
Page 32 of 49
Exhibit B
Schedule 1
5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
4
Page 33 of 49
Exhibit C
Schedule 1
Exhibit C
SERVICE LEVEL AGREEMENT
I.
Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. All other support services are documented
in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support
services are documented in the Support Call Process.
II.
Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security
vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or
(3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used
in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure.
Maintenance is limited to five (5) hours per week.
III.
Standard
Service Availability
a.
Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b.
Our Responsibilities
1
Page 34 of 49
Exhibit C
Schedule 1
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you
to resume normal operations.
c.
Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the
calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your
relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months
and only for such consecutive months.
Client Relief Schedule
IV.
Actual Attainment
Client Relief
99.99% - 98.00%
Remedial action will be taken
97.99% - 95.00%
4%
Below 95.00%
5%
Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software
unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be
unavailable during the maintenance window.
2
Page 35 of 49
Exhibit C
Schedule 1
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create
support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially
eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support
group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software
support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other
information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources
simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to
collaborate with one another, share best practices and resources, and access documentation.
(4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday –
Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is
outlined below. There will be no support coverage on these days.
New Year’s Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting
3
Page 36 of 49
Exhibit C
Schedule 1
support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets
set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of
each month to assist your IT staff with applying patches and release upgrades, as well as consulting with
them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique case number. This system tracks the history of each incident. The case number is used to track
and reference open issues when clients contact support. Clients may track incidents, using the case
number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client
will reasonably set the priority of the incident per the chart below. This chart is not intended to address
every type of support incident, and certain “characteristics” may or may not apply depending on
whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is
to help guide the Client towards clearly understanding and communicating the importance of the issue
and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated
the reported Defect/support incident.
Priority
Level
1
Critical
Characteristics of Support Incident
Resolution Targets*
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level
1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
4
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Exhibit C
Schedule 1
Priority
Level
2
High
3
Medium
4
Noncritical
Characteristics of Support Incident
Resolution Targets*
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level
2 incidents within four (4) business hours of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s
responsibility for loss or corrupted data is limited to
assisting the Client in restoring its last available
database.
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level
3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall
occur at least quarterly. For non-hosted customers,
Tyler’s responsibility for lost or corrupted data is
limited to assisting the Client in restoring its last
available database.
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level
4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release.
*
Response and Resolution Targets may differ by product or business need
Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has
elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each
product support team. The corresponding resource will meet with you and any Tyler staff to establish a
mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose
a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and
view the site’s setup, diagnose problems, or assist with screen navigation. More information about the
remote support tool Tyler uses is available upon request.
5
Page 38 of 49
STATE OF NEW MEXICO )
) ss.
COUNTY OF GRANT
)
The Board of County Commissioners (the “Board”) of Grant County (the “County”), in
the State of New Mexico, met in open special session in full conformity with law and the
ordinances and rules of the County, in the Commission Meeting Room at the Grant County
Administration Center, located at 1400 Highway 180 East, Silver City, New Mexico, in the
County, being the regular meeting place of the Board, at 9:00 a.m. on Tuesday, August 22, 2023,
at which time there were present and answering the roll call the following members:
Chairman:
[Chris M. Ponce]
Commissioners:
[Eloy H. Medina]
[Alicia Edwards]
[Gerald W. (“Billy”) Billings, Jr.]
[Harry Browne]
Absent:
[None]
Thereupon the following proceedings, among others, were had and taken, to wit:
There was officially filed with the County Clerk, the Chairman and each Commissioner,
a copy of a resolution in final form, which is as follows:
4149373.1
Page 39 of 49
GRANT COUNTY
BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. R-23-57
WHEREAS, at a regular general election held in the County of Grant, State of New
Mexico (the “County”), on the 8th day of November, 2022, the electors of the County authorized
the Board of County Commissioners of the County (the “Board”) to contract bonded
indebtedness on behalf of the County and upon the credit thereof by issuing general obligation
bonds of the County; and
WHEREAS, the categorization of the proposed general obligation bonds to be sold at this
time is as follows:
Initial
Authorization
Proposed
Sale Amount
$4,000,000
$2,000,000
Constructing or Repairing
Public Roads
$4,000,000
$2,000,000
Total Amounts:
$8,000,000
$4,000,000
Description
Remodeling & Making
Additions to Necessary
Public Buildings
WHEREAS, the Board hereby determines that it is necessary and in the best interest of
the County and the inhabitants thereof that the County commence proceedings toward the
issuance of the general obligation bonds for the purposes stated above and in the maximum
aggregate principal amount of $4,000,000, provided that a satisfactory price be obtained therefor
upon a [negotiated] sale; and
WHEREAS, the Board desires to consider an ordinance under which the County would
authorize the issuance of its general obligation bonds for the purposes set forth above and in the
maximum aggregate principal amount of $4,000,000 (the “Bonds”); and
WHEREAS, NMSA 1978, Section 4-37-7(A) (1981) provides that “[o]rdinances shall not
be submitted to the board for final passage until a majority of the members have directed that the
title and a general summary of the subject matter of the proposed ordinances be published one
time in a newspaper of general circulation within the county at least two weeks prior to the
meeting of the board at which the ordinance is proposed for final passage. The date and time of
the meeting at which the ordinance is to be considered shall also be published[;]” and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF GRANT COUNTY, NEW MEXICO, THE GOVERNING BODY OF
THE COUNTY:
Page 40 of 49
Section 1.
All actions not inconsistent with this resolution heretofore taken by the
Board, its members, and the officers, employees and agents of the County with respect to the
Bonds are ratified, approved and confirmed.
Section 2.
An ordinance (the “Ordinance”) with respect to the Bonds to be
introduced before the Board shall be filed with the County Clerk, and shall be considered by the
Board at a meeting of the Board on Thursday, September 14, 2023 at 9:00 a.m. or as soon
thereafter as the matter may be heard, in the Commission Meeting Room at the Grant County
Administration Center located at 1400 Highway 180 East, Silver City, New Mexico.
Section 3.
The following notice shall be published one time in the Silver City Daily
Press and Independent, a newspaper of general circulation in the County, as soon as is
practicable following the adoption of this resolution:
[Form of Notice]
GRANT COUNTY, NEW MEXICO
NOTICE OF MEETING AND INTENT TO ADOPT BOND ORDINANCE
Grant County, New Mexico (the “County”) hereby gives notice of a regular meeting of
the Board of County Commissioners of the County (the “Board”) on Thursday, September 14,
2023, at 9:00 a.m. in the Commission Meeting Room at the Grant County Administration Center
located at 1400 Highway 180 East, Silver City, New Mexico 88061. At such meeting, or as
soon thereafter as the matter may be heard, the Board, constituting the governing body of the
County, will hold a public hearing concerning, and will consider for adoption an ordinance (the
“Ordinance”) relating to the County’s General Obligation Bonds, Series 2023 (the “Bonds”). The
title (subject to amendment or substitution) and subject matter of the Ordinance are as follows:
GRANT, NEW MEXICO
BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. O-23-07
AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF GRANT
COUNTY, NEW MEXICO GENERAL OBLIGATION BONDS, SERIES 2023,
IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,000,000
(THE “BONDS”) PAYABLE FROM AD VALOREM TAXES LEVIED ON
ALL TAXABLE PROPERTY WITHIN THE COUNTY, LEVIED WITHOUT
LIMIT AS TO RATE OR AMOUNT; APPROVING THE DELEGATION OF
AUTHORITY TO MAKE CERTAIN DETERMINATIONS REGARDING THE
SALE OF THE BONDS PURSUANT TO THE SUPPLEMENTAL PUBLIC
SECURITIES ACT; PROVIDING FOR THE FORM, TERMS AND
CONDITIONS OF THE BONDS, THE MANNER OF THEIR EXECUTION,
AND THE METHOD OF, AND SECURITY FOR, PAYMENT; APPROVING
[NOTICE OF SALE,] DISCLOSURE AND OTHER DOCUMENTS RELATING
TO THE BONDS; RATIFYING ACTION PREVIOUSLY TAKEN IN
Page 41 of 49
CONNECTION THEREWITH; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR OTHER DETAILS
CONCERNING THE BONDS.
A general summary of the Ordinance is contained in its title. Complete copies of the
proposed Ordinance are on file and available for public inspection during the normal and regular
business of the County Clerk, whose office office is located at 1400 Highway 180 East, Silver
City, New Mexico 88061.
If you are an individual with a disability who is in need of a reader, amplifier, qualified
sign language interpreter, or any other form of auxiliary aid or service to attend or participate in
the hearing or meeting, please contact the Grant County Manager at 1400 Highway 180 E.,
Silver City, New Mexico at least one week prior to the meeting or as soon as possible.
This notice constitutes compliance with NMSA 1978, Section 4-37-7 (1981).
Dated this [30]th day of August, 2023.
BOARD OF COUNTY COMMISSIONERS
OF GRANT COUNTY, NEW MEXICO
By:
/s/ Chris M. Ponce
Chris M. Ponce, Chairman
[End of Form of Notice]
[Remainder of page intentionally left blank]
Page 42 of 49
NOW, THEREFORE, be it resolved by the Board of County Commissioners, the governing
body of the County of Grant, that Resolution No. R-23-57 be adopted this 22nd day of August,
2023.
BOARD OF COUNTY COMMISSIONERS
OF GRANT COUNTY, NEW MEXICO
____________________________________
Chris M. Ponce, Chair
____________________________________
Eloy H. Medina, Member
____________________________________
Alicia Edwards, Member
____________________________________
Gerald W. (“Billy”) Billings, Jr., Vice Chair
____________________________________
Harry Browne, Member
(SEAL)
Attest:
By
Marisa Castrillo,
County Clerk
[Resolution No. R-23-57 Signature Page]
Page 43 of 49
Commissioner [INSERT NAME] then moved that the resolution as filed with the County
Clerk be passed and adopted. Commissioner [INSERT NAME] seconded the motion.
The question being upon the passage and adoption of said resolution, the motion was
voted upon with the following result:
Those Voting Yea:
[Chris M. Ponce, Chairman]
[Eloy H. Medina]
[Alicia Edwards]
[Gerald W. (“Billy”) Billings, Jr.]
[Harry Browne]
Those Voting Nay:
[None]
Those Absent:
[None]
The Chairman thereupon declared that at least a majority of all the members of that
Board having voted in favor thereof, the motion was carried and the resolution duly passed and
adopted. After consideration of matters not relating to the resolution, the meeting on motion
duly made, seconded and unanimously carried, was adjourned.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, NEW MEXICO
By
Chris M. Ponce,
Chairman
(SEAL)
Attest:
By
Marisa Castrillo,
County Clerk
Page 44 of 49
STATE OF NEW MEXICO )
) ss.
COUNTY OF GRANT
)
I, Marisa Castrillo, County Clerk of Grant County, New Mexico (the “County”), do
hereby certify:
1.
The foregoing pages are a true, correct and complete copy of the record of the
proceedings of the Board of County Commissioners (the “Board”) of the County, constituting the
governing body of the County, taken at a duly called special, open meeting of the Board held in
the Commission Meeting Room at the Grant County Administration Center located at 1400
Highway 180 East, Silver City, New Mexico, being the regular meeting place of the Board, on
Tuesday, August 22, 2023, beginning at 9:00 a.m., insofar as the same relate to the proposed
resolution, a copy of which is set forth in the official records of the proceedings of the County
kept in my office. None of the action taken has been rescinded, repealed, or modified.
2.
Notice of such meeting was given in compliance with the permitted methods of
giving notice of meetings of the Board as required by the open meetings standards then in effect,
i.e., the County’s Open Meetings Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Grant County,
New Mexico, this ____ day of August, 2023.
(SEAL)
Marisa Castrillo, County Clerk
Page 45 of 49
GRANT COUNTY, NM
RESOLUTION NO. R-23-58
A RESOLUTION ADOPTING AN INFRASTRUCTURE CAPITAL IMPROVEMENT
PLANS FOR MIMBRES VALLEY AND GILA SENIOR CENTERS
FOR FISCAL YEARS 2025-2029
WHEREAS, the County of Grant recognizes that the financing of public capital projects
has become a major concern in New Mexico and nationally; and
WHEREAS, in times of scarce resources, it is necessary to find new financing mechanisms
and maximize the use of existing resources; and
WHEREAS, systematic capital improvements planning is an effective tool for
communities to define their development needs, establish priorities and pursue concrete actions
and strategies to achieve necessary project development; and
WHEREAS, this process contributes to local and regional efforts in project identification
and selection in short and long range capital planning efforts.
NOW, THEREFORE, BE IT RESOLVED by Grant County Board of Commissioners that:
1. The County has adopted the attached Infrastructure Capital Improvement Plans.
2. It is intended that the Plan be a working document and is the first of many steps
toward improving rational, long-range capital planning and budgeting for New
Mexico’s infrastructure.
3. This Resolution supersedes Resolution No. R-22-47
PASSED, APPROVED and ADOPTED by the Grant County Board of Commissioners on this
______ day of ____________________ 2023, in Silver City, Grant County, New Mexico.
[Signature Page Follows]
Page 46 of 49
BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, NEW MEXICO:
______________________________
Chris M. Ponce, Chairman
_____________________________
Gerald W. Billings, Jr., Vice Chair
_____________________________
Alicia Edwards, Member
______________________________
Harry Browne, Member
______________________________
Eloy Medina, Member
[SEAL]
Attest:
_____________________________
Marisa Castrillo, Clerk
Page 47 of 49
Infrastructure Capital Improvement Plan FY 2025-2029
Gila Senior Center
Project Summary
ID
Funded
to datc 2025
Category
Year Rank Prolect Title
Purchasc Transit Vehicle
Vehicles - Senior Facility Vehicle
0
46,000
36129 2024 003
Solar Pancls
Facilities - Senior Facilities
0
300,000
Number of projects:
Grand Totals
Monday, August 14, 2023
０
33884 2024 002
０
120,000
０
0
０
Facilities - Senior Facilities
2O2A
０
Facility lmprovcment
2O2j
０
31593 2024 001
2026
Total Amount
Project Not Yet
Cost
Funded Phaser
2029
0
120,000
120,000
0
46,000
46,000
0
300,000
300,000
3
Funded to date:
Ycar l:
Year 2:
Year 3:
Ycar 4:
Ycar 5:
Total Project Cost:
Total Not Yet Funde(
0
466,000
0
0
0
0
466,000
466,0(
Gila Scnior Center/1CIP 08038
Page 48 of 49
Infrastructure Capital Improvement Plan FY 2025-2029
Mimbres Valley Senior Center
Project Summary
Funded
ID
Year Rank I'roicct'I illc
Cat€gorv
Total
Amount
t Not Yet
Proj∝
10 date
2025
2026
2027
2028
2029
COSt
Funded
Phase:
33887 2024 001
Transit and Dclivcッ VchiCIC
Vehicles - Senior Facility Vehicle
0
85,000
0
0
0
0
85,000
85,000
)
31591
Faciliり IntcriOr lmprovcmcnts
Facilities - Senior Facilities
0
150,000
0
0
0
0
150,000
150,000
ト
Solar Pancls
Facilities - Senior Facilities
0
300,000
0
0
0
0
300,000
300,000
'
2024 002
36134 2024 003
Number ofprojects:
3
Funded to datc:
Grand Totals
Nlonday, Augusl 14, 2023
Ycar l:
Ycar 2:
Ycar 3:
Ycar 4:
Ycar S:
Total PrtteCt COSt:
Total Not Yet Funde(
535,000
0
0
0
0
535,000
535,0(
Mimbres Vallcy Senior Ccntcr/lCIP 08010
Page 49 of 49
The government’s own published record — read it yourself, then decide what to do about it.
The facilities, the coverage, and the local record for this community.
Not yet recorded. The record stays open — outcomes are added as minutes and vote results are published.
Provenance
Where this record came from. Every source is listed, permanently.
- Agenda Watch · Sep 19, 2026
Permanent ID DKT-2026-002664 — this record is never deleted.
Record history
Every change to this record, logged as it happened.
- Sep 19, 2026 Filed on the Docket
- Sep 20, 2026 Full document archived — public record
← The full Docket · every meeting, vote, and action on the permanent record · also in the National Record Index.