Amendment No. 4 to the Agreement with Tyler Technologies, Inc. aU16 ,a93yy
AMENDMENT NO. 4
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
TM Amendment No. 4 ("Amendment") to the Agreement is entered into this 3) day of
11-A7 , 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 Mayor and City Commission approved an
agreement with Tyler Technologies, Inc., to replace the City'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,on February 10, 2016, the Mayor and City Commission adopted Resolution
No. 2016-29283, which approved and authorized the City to execute Amendment No. 3 to the
Agreement, to amend the provisions regarding reporting tools, end user training, and
professional services to support the User Acceptance Testing phase; and
WHEREAS, the Steering Committee, at its meeting on February 18, 2016, determined
that, in order to mitigate any implementation risks, the City should amend the "Go-Live" dates in
the Agreement as indicated herein; and
WHEREAS, the Steering Committee, at its meeting on March 17, 2016, determined that
it is necessary to amend the Agreement to update the allocation of "Munis Implementation
Days," as set forth in the Agreement, to support the proper implementation of the new systems;
and
WHEREAS, the Steering Committee also determined that it is necessary to amend the
Agreement to provide for additional EnerGov Professional Services to support the proper
implementation of the new systems; and
WHEREAS, an increase in the number of hours for the development of custom reports is
necessary for the effective oversight and management of the software implementation; and
WHEREAS, due to the changes authorized herein, the total amount allocated to the
Agreement must be increased by $206,550.
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, 2, and 3, is further modified as
follows:
a. "Go-Live" dates for Phase 1 and Phase 2
The system module "Go-Live" dates are modified hereto as follows:
Phase 1 —Financials: changed from April 1, 2016 to May 2, 2016.
Phase 2 — EnerGov: changed from April 1, 2016 to May 2, 2016.
Phase 3— HR/Payroll: changed from January 1, 2017 to April 3, 2017
Phase 4— Utility Billing and Revenue: remains as January 1, 2018
b. Munis Implementation Days
Exhibit Al to the Agreement, entitled "Munis Investment Summary," is hereby
amended as follows:
A line item for "Phase 1 - Financials" with twenty-five (25) Implementation Days,
at a rate of $1,175.00 per Implementation Day, for a total of $29,375.00, is
hereby added, with such Implementation Days to be reallocated from the
following:
The line item for"Financials - Inventory" with twenty (20) Implementation Days, at
a rate of $1,175.00 per Implementation Day, for a total of $23,500.00, is hereby
removed and reallocated to the new"Phase 1 — Financials" line item.
The line item for "Financials - BMI CollectlT Interface" with five (5)
Implementation Days, at a rate of $1,175.00 per Implementation Day, for a total
of $5,875.00, is hereby removed and reallocated to the new "Phase 1 —
Financials" line item.
c. EnerGov Professional Services
Exhibit A2 to the Agreement, entitled "EnerGov Investment Summary," is hereby
amended as follows:
A line item for "EnerGov Professional Services" with 895 hours, at a rate of
$170.00/hour, for a total of$152,150.00, is hereby added.
A line item for "EnerGov Go-Live Support Travel Expenses" with 3 trips (a "trip"
includes four (4) Tyler resources) for Airfare, Lodging, Ground Transportation,
and Per Diem at a rate of $1,700.00/trip/resource, for a total of $20,400.00, is
hereby added.
d. EnerGov Custom Reports
The line item for "Report Development Services," with a rate of $170/hour, is
hereby increased by 200 hours, for an additional cost of$34,000.00.
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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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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City Clerk Mayor
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APPROVED AS TO
FORM & LANGUAGE
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City Attorney Date
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