ATTACHMENT A
1 CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number 12 (Amendment) to the above referenced Agreement is entered into on , between the City of Stockton (“City”) and Tyler Technologies “Contractor”.
RECITALS
Exhibit A, Statements of Work (SOW), Section 4.1 Project Scope states if any services, tasks, or responsibilities not specifically described in this SOW are inherent or necessary sub-activities of the tasks or are otherwise required for proper performance of the services or tasks they will also be included within the scope; and
The City needs to amend the terms specified in Exhibit G Investment Summary of the Standard Agreement to include the additional services per the attached Sales Quote No. 2021 -292871-X7Y7D4 (Extension of Resources for Phase 3 in the amount not to exceed $1,061,800); and
The City needs to amend the payment terms specified in Exhibit H Invoicing and Payment Policy to account for the additional services added pursuant to this Amendment.
Now therefore, the City and the Contractor mutually agree as follows:
1. Exhibit G Investment Summary of the Standard Agreement is amended to include the following services associated with the extension of Phase 3 in the not to exceed amount of $1,061,800 as follows:
Description Quantity Unit Price Extended Price
HCM Lead Services 1416 $175 $247,800
Payroll Lead Services 1280 $175 $224,000
Payroll Phase – Implementation Consulting Services 1280 $175 $224,000 Project Management Services 12 $20,750 $249,000
Report Writing (HCM) Services 240 $175 $42,000
Technical Lead Services 10 $7,500 $75,000
Total $1,061,800
Payment of fees for such services shall be invoiced as set forth below in Sections 2, 3 and 4 of this Amendment. Travel expenses shall be invoiced in accord with the Agreement.
2. The Milestones by Deliverables chart set forth in Section 2.1 of Exhibit H Invoicing and Payment Policy is amended as follows:
ID PHASE WBS DESCRIPTION MILESTONES
CURRENT REVISED
3.1 3 3.1.6 Prepare & Plan Stage
Acceptance
- -
3.2 3 3.2.23 Assess & Define Stage
Acceptance
- -
3.3 3 3.3.11 Build & Validate Stage
Acceptance
- -
3.4 3 3.4.11 Training & Testing
Stage Acceptance
$483,077.90 $868,477.90
3.4 Payroll [$607,934.53]
3.4 ET
Time/Attendance
& EER
[$260,543.37]
3.5 3 3.5.10 Production Cutover
Stage Acceptance
$193,231.62 $347,391.98
3.6 3 3.6.7 Project Closure &
Acceptance
$289,846.29 $521,085.92
Agreement Number: Amendment
Number:
2019-04-02-1402-01 12
ATTACHMENT A
2 Totals $966,155.81 $1,736,955.80
ATTACHMENT A
3 3. Invoicing and payment of the Project Management Services fees shall be in accord with Section 2.2 of Exhibit H Invoicing and Payment Policy. Accordingly, Section 2.2 of Exhibit H is amended as follows:
Other Services
Type
Terms Amount Total
Current Revised
Dedicated Full
Time Project
Manager
Invoiced monthly in arrears,
beginning on the first day of
the month immediately
following initiation of project
planning.
$20,750
(monthly)
$622,500 $871,500
4. Invoicing and payment for the Report Writing (HCM) Services fees shall be in accord with Section 2.4 of Exhibit H Invoicing and Payment Policy.
5. Exhibit 1 (Statement of Work) is hereby amended as follows:
A. Section 1.3 Project Timeline, Phase 3 Go Live Schedule:
1. First Payroll Check Date: 7/22/2022
2. ExecuTime Time & Attendance / Advanced Scheduling: TBD
3. PAFs - Benefit Enrollment/Salary and Benefit: TBD
4. Human Resources: TBD (Note, this needs to be funded before a Go Live date can be set.)
6. All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
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SIGNATURE PAGE TO FOLLOW
ATTACHMENT A
4 IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Tyler Technologies Inc.
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
December 23, 2021
Authorized Signature Date
Jisel Lopez, Sr. Corporate Attorney
Name and Title of Person Signing
One Tyler Drive, Yarmouth, Maine 04096 Address
CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:
Eliza R. Garza CMC, City Clerk
APPROVED AS TO FORM:
John M. Luebberke, City Attorney
BY:
ATTACHMENT A
5 Exhibit 1
Amendment Investment Summary
The following Amendment Investment Summary details the software and services to be delivered by us to you under this Amendment. This Amendment Investment Summary is effective as of the Amendment Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
In the event a comment in the following sales quotation conflicts with a provision of this Amendment, the provision in this Amendment shall control.
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ATTACHMENT A
6 Quoted By: Kyle M. Johnson
Quote Expiration: 05/17/22
Quote Name: City of Stockton-ERP-Munis
(Extension of resources for phase
3)
Quote Description: 11-18-21 - Stockton Extension of
Resources - Phase 3
Sales Quotation For:
City of Stockton
425 N El Dorado St
Stockton CA 95202-1997
Phone: +1 (209) 937-8212
Professional Services
Description
Quantity
Unit Price
Extended Price
Maintenance
HCM Lead Services 1416 $ 175 $ 247,800 $ 0
Payroll Lead Services 1280 $ 175 $ 224,000 $ 0
Payroll Phase – Implementation Consulting Services 1280 $ 175 $ 224,000 $ 0 Project Management Services 12 $ 20,750 $ 249,000 $ 0
Report Writing (HCM) Services 240 $ 175 $ 42,000 $ 0
Technical Lead Services 10 $ 7,500 $ 75,000 $ 0
TOTAL $ 1,061,800 $ 0
Summary One Time Fees Recurring Fees
Total Tyler Software $ 0 $ 0
ATTACHMENT A
7 Total Annual $ 0 $ 0
Total Tyler Services $ 1,061,800 $ 0
Total Third-Party Hardware, Software, Services $ 0 $ 0
Summary Total $ 1,061,800 $ 0
Contract Total $ 1,061,800
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.#:
All Primary values quoted in US Dollars
ATTACHMENT A
8 Comments
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) deliver 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. • 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 services fees specifically for migrations:
Tyler will invoice Client 50% of any Migration 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. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement. • Expenses associated with onsite services are invoiced as incurred.
ATTACHMENT A
9 Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.
Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.
Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.
Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.
In the event Client cancels services less than two (2) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
Implementation hours are scheduled and delivered in four (4) or eight (8) hour increments.
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the- Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.