1 AMENDMENT No. 3
This third amendment (“Amendment No. 3”) 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, as amended (“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. Maintenance and Disaster Recovery Term Renewal.
a. Tyler shall provide EPL maintenance and disaster recovery services to Client, as specified in the EPL Agreement and Tyler’s then-current support call process, during the period July 24, 2025 – July 23, 2026 (“Renewal Period”).
b. Client shall remit to Tyler EPL maintenance and disaster recovery fees in the amount of $66,699.24, for the Renewal Period, based on the annual rates set forth in the investment summary attached hereto as Exhibit 1, within forty-five (45) days of the commencement of the Renewal Period.
2. This Amendment No. 3 shall be governed by and construed in accordance with the terms and conditions of the EPL Agreement.
3. Except as expressly indicated in this Amendment No. 3, all other terms and conditions of the EPL Agreement shall remain in full force and effect.
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2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the dates set forth below.
Tyler Technologies, Inc. City of Manhattan Beach, California
By: By:
Name: Name: Talyn Mirzakhanian
Title: Title:
City Manager
Date: Date:
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
Date:
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
Date:
APPROVED AS TO FISCAL IMPACT:
By:
Name: Libby Bretthauer
Title: Finance Director
Date:
APPROVED AS TO CONTENT:
By:
Name: Miguel Guardado
Title: Information Technology Director
Date:
1 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.
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