1 AMENDMENT No. 2
This second Amendment (“Amendment No. 2”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the City of Manhattan Beach, California, with offices at 1400 Highland Avenue, Manhattan Beach, California 90266 (“Client”).
WHEREAS, Tyler and Client are parties to an agreement for Enterprise Permitting & Licensing (EPL) (fka EnerGov) Tyler Software dated July 24, 2018 (“EPL Agreement”); and
WHEREAS, Tyler and Client desire to amend the terms of the EPL Agreement as provided herein.
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:
1. Tyler shall provide EPL maintenance services to Client, as specified in the EPL Agreement and Tyler’s then-current support call process, during the periods July 24, 2023 – July 23, 2024 and July 24, 2024 – July 23, 2025.
2. Client shall remit to Tyler EPL maintenance services fees in the amount of $60,498.18 for the period July 24, 2023 – July 23, 2024, as detailed in the proforma attached hereto as Exhibit 1.
3. Tyler agrees to limit the increase to the EPL maintenance fees to 5% for the period July 24, 2024 – July 23, 2025, for a maximum amount of $63,523.09 for the scope of services set forth in Exhibit 1.
4. This Amendment No. 2 shall be governed by and construed in accordance with the terms and conditions of the EPL Agreement.
5. Except as expressly indicated in this Amendment No. 2, all other terms and conditions of the EPL Agreement (as previously modified by Amendment No. 1) shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.
Tyler Technologies, Inc. City of Manhattan Beach, California
By: By:
Name: Name: Bruce Moe
Title: Title: City Manager
Date: Date:
DocuSign Envelope ID: CCDC5FA2-772B-4B45-B612-90FF728009A4 Group General Counsel
6/22/2023
Robert Kennedy-Jensen
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Patrick Griffin
Title: Interim Information Technology
Director
REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: CCDC5FA2-772B-4B45-B612-90FF728009A4 6/22/2023
6/26/2023
6/26/2023
Exhibit 1
2 Exhibit 1
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the EPL 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 EPL Agreement. In the event of conflict between the EPL Agreement and terms in the Comments section of this Investment Summary, the language in the EPL Agreement will prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: CCDC5FA2-772B-4B45-B612-90FF728009A4 Exhibit 1
3 DocuSign Envelope ID: CCDC5FA2-772B-4B45-B612-90FF728009A4 Exhibit 1
4 DocuSign Envelope ID: CCDC5FA2-772B-4B45-B612-90FF728009A4