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Amendment No. 2 to the Agreement with Tyler Technologies, Inc. a0ls— a9isy . AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND TYLER TECHNOLOGIES, INC., DATED OCTOBER 10, 2014 FOR THE MUNIS AND ENERGOV ENTERPRISE RESOURCE PLANNING SYSTEMS (THE "AGREEMENT") This AmeOment No. 2 ("Amendment") to the Agreement is entered into this 11 day of 1�L u LA - , 2015 ("Effective Date"), by and between the City of Miami Beach, Florida, a municipal corporation organized and existing under the laws of the State of Florida, having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida 33139 ("City"), and Tyler Technologies, Inc., a Delaware corporation having its principal place of business at One Tyler Drive, Yarmouth, Maine 04096 ("Tyler"). This Amendment hereby amends the Agreement as follows: RECITALS WHEREAS, on July 30, 2014, the City Commission approved the above defined Agreement with Tyler for replacement of the City's current enterprise resource planning (ERP) systems with Munis and EnerGov systems, both of which are owned by Tyler; and WHEREAS, the City executed the Agreement on or about October 10, 2014; and WHEREAS, the replacement of these systems is expected to be a key component of the Administration's goal of re-engineering core business process to maximize efficiencies and service to constituents, as well as improve internal controls; and WHEREAS, the City Manager has appointed a Steering Committee to receive status updates on the implementation process, mitigate any project risks, and consider any amendments or changes that may be requested by project stakeholders; and WHEREAS, the Steering Committee, at its August 13, 2015 meeting, determined that the Agreement currently allows for an insufficient number of software licenses for mobile devices to be used by inspectors and code enforcement officers to perform inspections and issue code violations in the field; and WHEREAS, the Steering Committee, at its August 13, 2015 meeting, determined that the quantity of project management services to be provided by Tyler, as set forth in the Agreement, for the implementation of both Financial/HR and Permitting/Licensing systems (which is scheduled for the second year of the project implementation) are insufficient to complete the project; and WHEREAS, the Steering Committee, at its September 24, 2015 meeting, determined that the number of hours set forth in the Agreement for the development of custom reports, required by the Administration for the oversight and management of operational functions, is insufficient; therefore, this Amendment is necessary to accommodate the City's needs; and NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the City and Tyler hereby agree to amend the Agreement as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS., a. Project Management The Agreement, at Exhibit Al ("Munis Investment Summary"), is hereby amended as follows: The line items for "25% of Dedicated Project Manager (Monthly)" at an Extended Price of $90,000.00, and "50% of Dedicated Project Manager (Monthly)," at an Extended Price of$144,000.00, are hereby deleted. The line item for"Dedicated Full Time Project Manager(Monthly)", with 12 units, at a Unit Price of $20,750.00, at an Extended Price of $249,000.00, is hereby amended to provide for 24 units, at an Extended Price of$498,000.00. b. Software Licenses for Mobile Devices The Agreement, at Exhibit A2 ("EnerGov Investment Summary"), is hereby amended as follows: The line item for"IG Workforce Mobile (40 users)," with a software license fee equal to $39,960, and an annual support/maintenance fee equal to $7,992, is hereby deleted. A line item for"IG Workforce Mobile Module (Unlimited)," with a software license fee equal to $134,100, and an annual support/maintenance fee equal to $29,800, is hereby added. The IG Workforce Mobile license fee equal to $39,960, itemized in Exhibit A2 to the Agreement, which fee was previously paid by City, will be allocated as a credit toward the cost of the IG Workforce Mobile Module (Unlimited). As a result, Tyler will invoice the City for an amount equal to $94,140. c. Reporting The Agreement, at Exhibit A2 ("EnerGov Investment Summary"), beginning on Page 23, is hereby amended as follows: The line item for "Report Development Services," with 400 hours of development services, at a rate of$170/hour and a total cost of$68,000, is hereby deleted. A line item for "Report Development Services," with 1,000 hours of development services, at a rate of$170/hour and a total cost of$170,000, is hereby added. 3. RATIFICATION.. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event there is a. conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govern. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR CITY: , : ; ATTEST: By: 4/ . z' R ael E. Gran do hill, °°''- City Clerk , m. 0 ,,,: )2411 jir 'Date Date FOR TYLER: ATTEST: By: - ge14.4._-61ZOIL- 3Pit* DIYin(f)(a. v Q, •► cam C)aMc l )bvtt 14ie. Goo Print Name/Title Print Name/Title tit [36 [IC WO G4P t t I P,o d o Date Date APPROVED AS TO FORM & LANGUAGE 9 FOR ELUTION, ('I ,1_,C,..? ', "---' (l• 5 City Attorney Dote t4)1('. , 1 , 3 I 1