Amendment No. 3 to the Agreement with Tyler Technologies, Inc. 8,0(6, — c2q). g3
AMENDMENT NO. 3
TO THE AGREEMENT, DATED OCTOBER 10, 2014, BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND TYLER TECHNOLOGIES, INC.
FOR THE IMPLEMENTATION OF THE MUNIS AND ENERGOV SYSTEMS
This Amendment No. 3 ("Amendment") to the Agreement is entered into this day of
`�.AtZC�lr- , 2016 ("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 October 10, 2014, the M ydr-and City Commission approved an
agreement with Tyler Technologies, Inc., to repl cg the�ity's current enterprise resource
planning ("ERP") system, known as Eden, with the Munis system, and to replace the City's
current permitting system, known as Permits Plus, with the EnerGov system (the "Agreement");
and
WHEREAS, the City has determined that the replacement of these systems is 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 an ERP Steering Committee (the "Steering
Committee") to receive status updates on the implementation process, mitigate any project
risks, and evaluate any amendments or changes that may be requested by project
stakeholders; and
WHEREAS, on September 2, 2015, the Mayor and City Commission adopted Resolution
No. 2015-29110, which approved and authorized the City to execute Amendment No. 1 to the
Agreement, to modify the "go-live" dates set forth in the Agreement; and
WHEREAS, on October 14, 2015, the Mayor and City Commission adopted Resolution
No. 2015-29159, which approved and authorized the City to execute Amendment No. 2 to the
Agreement, to amend the provisions regarding mobile software licenses, project management
services, and the allowable hours for custom reports; and
•
WHEREAS, the Steering Committee, at its meeting on October 29, 2015, determined
that the EnerGov Reporting Toolkit is necessary for the City's system administrators to develop
custom reports, and recommended that the City amend the Agreement to include a license for
the EnerGov Reporting Toolkit; and
WHEREAS, the Steering Committee, at its meeting on December 17, 2015, determined
that, in order to ensure the efficient implementation of the new systems, the City should amend
the Agreement to provide that Tyler Technologies shall conduct End User Training for City staff
for the Financial System; and
•
WHEREAS, the Steering Committee also determined that it is necessary to amend the
Agreement to provide for the professional services of Tyler Technologies to support the User
Acceptance Testing of the Permitting/Licensing system.
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.
To the knowledge of each party hereto, the above recitals are true and correct and are
incorporated as part of this Amendment.
2. MODIFICATIONS.
The Agreement, as modified by Amendment Nos. 1 and 2, is further modified as follows:
a. EnerGov Reporting Toolkit
The Agreement, at Exhibit A2 ("EnerGov Investment Summary"), is hereby amended
as follows:
A line item for "EnerGov Reporting Toolkit" with a software license fee of$4,999.00,
and an annual support/maintenance fee equal to $1,000.00 per year, is hereby
added.
The software license fee and first year annual support/maintenance fees for the
EnerGov Reporting Toolkit are due and payable on the date when Tyler makes the
EnerGov Reporting Toolkit available to the City for download.
b. End User Training
Exhibit Al to the Agreement, entitled "Munis Investment Summary," is hereby
amended as follows:
A line item for "Munis End User Training" with twenty-six (26) Implementation
Days, at a rate of$1,275.00 per Implementation Day, for a total of$33,150.00, is
hereby added.
A line item for "Munis End User Training Travel Expenses" with 1 unit of Munis
End User Training Travel Expenses, at an estimated rate of $10,960.00/unit, for
an estimated total of$10,960.00, is hereby added.
c. Professional Services
The Agreement, at the EnerGov Investment Summary, is hereby amended as
follows:
A line item for "EnerGov User Acceptance Testing Support" with 440 hours of
Professional Implementation Services, at a rate of $170.00/hour, for a total of
$74,800.00, is hereby added.
A line item for "EnerGov User Acceptance Testing Support Travel Expenses"
with an estimated 15 trips for Airfare, Lodging, Ground Transportation, and Per
Diem at an estimated rate of$1,700.00/trip, for an estimated total of $25,500.00,
is hereby added.
I
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.
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APPROVED AS TO
FORM & LANGUAGE
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