HomeMy WebLinkAboutPR 22706: AUTHORIZING AMENDMENT nO. 5 TO THE SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHONOLOGIES City of = 410'
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INTEROFFICE MEMORANDUM
Date: July 22,2022
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Fay Young, Information Technology Director Li
RE: Proposed Resolution No. 22706—Remove unused Tyler Technologies HCM
convers from agreement
Introduction:
The intent of this Agenda Item is to seek the City Council's authorization for the City Manager
to approve Amendment No. 5 to the Software as a Service agreement with Tyler Technologies
for the removal of unused Human Content Management conversions.
Background:
On September 10, 2019, City Council approved Resolution 19-392, an agreement with Tyler
Technologies to implement an Enterprise Resource Planning (ERP) system. The agreement
included a specific number of hours to be applied towards converting existing data and
implementation of the Human Content Management(HC)modules of the ERP system. HCM
is the human resources component of the Tyler Munis system.
The number conversions required was less than planned. Therefore, via Council Resolution
22-208 City Council approved converting the unused conversion hours into implementation
hours.
Budget Impact:
Removal of the unused conversions will not impact the project budget.
Recommendation:
The recommendation is for City Council to authorize the City Manager to execute the
amendment to the Software As A Service Agreement with Tyler Technologies to remove the
converted conversions from the agreement.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. NO. 22706
FY 7/22/2022
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 5 TO THE SOFTWARE AS A SERVICE AGREEMENT WITH
TYLER TECHNOLOGIES APPROVED PURSUANT TO RESOLUTION 19-392 TO
CONVERT UNUSED CONVERSIONS TO IMPLEMENTATION HOURS.
WHEREAS, Pursuant to Council Resolution 22-208, the City of Port Arthur agreed to
convert unused conversion for the Human Content Management implementation project into
implementation hours; and
WHEREAS, the unused conversions need to be removed from the contract approved by
Council Resolution 19-392; and
WHEREAS, the unused conversions are detailed in the amendment in substantially the
same form as attached hereto as"Exhibit A"; and
WHEREAS, the removal of the unused conversions will not impact the approved project
budget.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the City Manager to execute
Amendment No. 5 to remove the unused conversions from the Software As A Service agreement
with Tyler Technologies.
Section3. That a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
READ, ADOPTED AND APPROVED this the day of August, A.D. 2022 at a
regular meeting of the City of Port Arthur, Texas by the following vote:
Ayes:
P.R. NO. 22706
FY 7/22/2022
Mayor:
Councilmembers:
Noes:
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVE 1 S TO FORM:
*AilPIA rl/N cfNAA,‘-bb
Va Vze VIO Attorney
APPROVED FOR ADMINISTRATION: A,
I
,� L
Ronald Burton Clifton Williams
City Manager Purchasing Manager
Fay Youag
Information Technology Director
APPROVED AS TO AVAIL,&B1LITY OF FUNDS:
-- -_
Kandy Daniel, Interim Director of Finance
P.R. NO. 22706
FY 7/22/2022
Exhibit A
•
•••❖•• tyler
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.with offices at
One Tyler Drive,Yarmouth, Maine 04096("Tyler")and the City of Port Arthur,Texas,with a mailing
address of PO Box 1089, Port Arthur,Texas 77641("Client").
WHEREAS,Tyler and Client are parties to an agreement dated September 26, 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 Client agree
as follows:
1. The following unused conversions are hereby removed from the Agreement:
a. Payroll—Accrual Balances, at a contract price of: $1,500;
b. Payroll—Accumulators (2), at a contract price of: $2,800;
c. Payroll—Certifications, at a contract price of: $1,400;
d. Payroll—Check History(2),at a contract price of: $2,400;
e. Payroll—Earnings& Deductions (2), at a contract price of: $5,000;
f. Payroll—Education, at a contract price of: $1,400;
g. Payroll—PM Action History(4), at a contract price of: $5,600;
h. Payroll—Position Control, at a contract price of: $1,400;
i. Payroll—Recruiting, at a contract price of: $1,400;and
j. State Retirement Tables, at a contract price of: $1,400
2. The services set forth in the Investment Summary attached hereto as Exhibit 1 are hereby added
to the Agreement. Services added to the Agreement pursuant to this Amendment shall be
invoiced as provided and/or incurred.
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.
•• tyler
1
IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of the dates set forth
below.
Tyler Technologies, Inc. City of Port Arthur,Texas
By: By:
Name: Name:
Title: Title:
Date: Date:
i•= tyler
2
Exhibit 1
•'4410tyler
• '.chnologles
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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
tyler
1
•• Quoted By: Jeff Keller
•�` `•S ty I e r Quote Expiration: 08/29/22
•� Quote Name: City of Port Arthur-ERP-Additional
:
Implementation
Sales Quotation For:
City of Port Arthur
PO Box 1089
Port Arthur TX 77641-1089
Phone:+1(409)983-8101
Professional Services
Description Quantity Unit Price Extended Price Maintenance
Implementation-Remote 128 $185 $23,680 $0
TOTAL $23,680 $0
Summary One Time Fees Recurring Fees
Total Tyler Software $0 $0
Total Annual $0 $0
Total Tyler Services $23,680 $0
Total Third-Party Hardware,Software,Services $0 $0
Summary Total $23,680 $0
Contract Total $23,680
Unless otherwise indicated in the contract or amendment thereto,pricing for optional items will be held
2022-307866-J50062 Page 1
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
2022-307866-150082 Page 2
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.
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.
2022-307866-15DOB2 Page 3
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.
2022-307866-15D0B2 Page 4