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ATT 1 - Third Amendment to the Tyler Agreement

Murrieta City Council
July 2, 2024

Document
ATT 1 - Third Amendment to the Tyler Agreement
Meeting
July 2, 2024
Body
Murrieta City Council
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on murrieta.legistar1.com. That file is the official record.

1 AMENDMENT

This amendment (“Amendment”) 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. (“Tyler”) and the City of Murrieta, California (“Client”).

WHEREAS, Tyler and the Client are parties to an agreement dated December 2, 2019 (“Agreement”); and

WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows:

1. The items set forth in the sales quotation attached as Exhibit 1 Schedule 1 to this Amendment are hereby added to the Agreement as of the Amendment Effective Date. Payment of fees and costs for such items shall conform to the following terms:
a. Annual Services: 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.

2. The items set forth in the sales quotation attached as Exhibit 1 Schedule 2 to this Amendment are hereby added to the Agreement as of the first day of the first month following the Amendment Effective Date and, notwithstanding anything to the contrary in Exhibit 1, ending coterminous with the SaaS Term as defined in the Agreement. Payment of fees and costs for such items shall conform to the following terms:
a. The annual SaaS fees payable under the Agreement shall be increased in the amount of $ 16,224, for the Tyler Software added herein. The first year’s annual SaaS Fees shall be invoiced on the first day of the first month following the Amendment Effective Date, prorated for the time period commencing on such date and ending concurrently with the Client’s annual SaaS Term under the Agreement. Subsequent SaaS Fees shall be invoiced in accordance with the terms of the Agreement.

3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

4. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement 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 Murrieta, California

By: By:

Name: Name:

Title: Title:

Date: Date:

Exhibit 1

2 Exhibit 1
Amendment Investment Summary

The following Investment Summary details the software, products, 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.

Sales quotation inserted on the following pages.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Exhibit 1
Schedule 1

3 Exhibit 1
Schedule 1

Sales quotation inserted on the following pages.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

2024-447490-S3B3J7 CONFIDENTIAL Page 1 Quoted By: Andrew Meyer
Quote Expiration: 7/10/24
Quote Name: Assist Advanced
Sales Quotation For:

City of Murrieta
1 Town Sq
Murrieta CA 92562-7922
Phone: +1 (951) 304-2489
Tyler Annual Services
Descripton Users/Units Annual Fee
Recurring Services
Assist Advanced 1 $ 90,000
TOTAL: $ 90,000
Exhibit 1
Schedule 1
2024-447490-S3B3J7 CONFIDENTIAL Page 2 Summary One Time Fees Recurring Fees
Total Services $ 0 $ 90,000
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 0 $ 90,000
Contract Total $ 90,000
Customer Approval: Date:

Print Name: P.O.#:

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:
• 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 for download by the Client;
• 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 available for download by 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. • Expenses associated with onsite services are invoiced as incurred.

Exhibit 1
Schedule 1
2024-447490-S3B3J7 CONFIDENTIAL Page 3 Comments
SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer.

EnerGov Assist Advanced:

Note: The Advanced package adds Tyler’s Client Service Account Management program plus provides an additional 200 consulting hours annually. 600 Consulting hours annually (Average 12 hours per week)

Client Services Account Management
• Bi-weekly check-ins
• New Release Planning
• Continuous Improvement Planning
• Organization Readiness
• Support Analytics

Software Configuration Requests
• Unlimited configuration change request
• Includes EnerGov GIS Configuration
• Includes EnerGov DB Administration

Assist Representative
• Representative will provide recommendations, execute configuration changes and provide support to client staff
• Assigned resource will work with client staff to complete onboarding to familiarize Tyler staff with client's business processes
• Provide guidance on the impact of change
• Conduct a bi-weekly status call to review active cases/priorities • Representative will work directly with client staff to instruct/train on software administration
• Provide guidance on Citizen Self Service portal configuration and issues • During any service outage, the dedicated representative will act as a liaison between Tyler Support and Municipal staff

Best Practice Review (every 18 months, travel expenses not included) • Best Practice/Stability Analysis
• Maturity Model Discussion
Exhibit 1
Schedule 1
2024-447490-S3B3J7 CONFIDENTIAL Page 4 • Consumption Gap Discussion
• EnerGov Product Roadmap Discussion

Advisory Consultation (every 18 months, travel expenses not included) • Long-Term (2-3 year) road map planning session to determine County’s long-term strategic planning and discuss Tyler product roadmap

Virtual Training Lab (Available to all EnerGov users)
All municipality staff may register via Tyler University and choose individual Virtual Learning Lab classes.

Municipality staff may attend all classes as many times as they choose.

The VL subscription includes Certification Classes that are listed as well.

Classes may cover end-user and configuration instruction of the EnerGov product.

Class lists are released quarterly and change depending on client needs.

Seating is 10 per class and it is on a first come first serve basis.

Tyler Connect User Conference (1 pass annually)

Report Administration
• EnerGov Assist includes report modifications for any reports currently under contract that were developed by Tyler Technologies.

Exhibit 1
Schedule 1
Exhibit 1
Schedule 2

4 Exhibit 1
Schedule 2

Sales quotation inserted on the following pages.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

2024-447486-C7F7G8 CONFIDENTIAL Page 1 Quoted By: Andrew Meyer
Quote Expiration: 7/10/24
Quote Name: 8 New Comm. Dev. Users
Sales Quotation For:

City of Murrieta
1 Town Sq
Murrieta CA 92562-7922
Phone: +1 (951) 304-2489
Tyler SaaS
Description Term Monthly Fee Users/Units Annual Fee
Enterprise Permitting & Licensing Core Software
Community Development Suite Additional User $ 169 8 $ 16,224 TOTAL 1.00 $ 16,224
Summary One Time Fees Recurring Fees
Exhibit 1
Schedule 2
2024-447486-C7F7G8 CONFIDENTIAL Page 2 Total SaaS $ 16,224
Total Services $ 0 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 0 $ 16,224
Contract Total $ 16,224
Customer Approval: Date:

Print Name: P.O.#:

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:
• 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 for download by the Client;
• 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 available for download by 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. • Expenses associated with onsite services are invoiced as incurred.

Exhibit 1
Schedule 2
2024-447486-C7F7G8 CONFIDENTIAL Page 3 Comments
SaaS Monthly Fees are rounded to the nearest dollar. The Annual Fee value represents the cost to the customer.

Exhibit 1
Schedule 2

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