Amendment No. 7 to the Agreement with Tyler Technologies, Inc.01017. -6/ ?,3
AMENDMENT NO. 7
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 end ent No. 7 ( "Amendment ") to the Agreement (defined below) is entered into this day
of y tQ ,' 2017 ( "Effective Date "), by and between the City of Miami Beach, Florida, a
munici FYI corporation organized and existing under the laws of the State of Florida, having its principal
place of business at 1700 Convent ion 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, on April 13, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29344, which approved and authorized the City to execute Amendment No. 4 to the Agreement, to
modify the "go- live" dates set forth in the Agreement, and the provisions regarding professional
services, and maximum number of hours for custom report development services; and
WHEREAS, on October 19, 2016, the Mayor and City Commission adopted Resolution No. 2016-
29593, which approved and authorized the City to execute Amendment No. 5 to the Agreement, to
reallocate unused data conversion funds in the project budget and scope towards Munis
implementation funds; and
WHEREAS, on January 11, 2017, the Mayor and City Commission adopted Resolution No. 2017-
29704, which approved and authorized the City to execute Amendment No, 6 to amend the provisions
regarding project management services; and
WHEREAS, separately from the City's original Agreement with Tyler, the City Manager has
engaged Tyler for additional professional services after the Munis Financial module went live on May
2nd, 2016, pursuant to Tyler's contract Nos. 110515 -TTI and 113011, awarded by the National Joint
Powers Alliance (NJPA); and
WHEREAS, the Steering Committee determined that it was necessary to change the go -live date
for Phase 3, HR /Payroll, from April 3, 2017 to May 19, 2017, to allow additional necessary time for the
City and Tyler teams to complete system configuration and data conversion; and
WHEREAS, the postponement of the go -live date for the HR /Payroll module has necessitated
the need for additional implementation services from Tyler for the period of time between April 3, 2017
and May 19, 2017; and
WHEREAS, the City Manager recommends approval of Amendment No. 7 to the Agreement to
ratify the purchase of professional services added via purchase orders; and
WHEREAS, the City deems it necessary to amend the Agreement to increase the quantity of
project management services; and
WHEREAS, the contract modifications authorized herein shall be funded from the project's
contingency funds, and do not require any additional appropriations by the City Commission.
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, 3, 4, 5, and 6 is further modified as
follows:
a. Go -Live Date for Phase 3
Phase 3 - HR /Payroll: changed from April 3, 2017 to May 19, 2017.
b. Project Management
Exhibit A 1 to the Agreement, entitled " Munis Investment Summary," is hereby amended as
follows:
The line item for "Dedicated Full Time Project Manager (Monthly)," with 27 units, at a Unit
Price of $20,750.00, at an Extended Price of $560,250.00, is hereby amended to provide for
29 units, at an Extended Price of $601,750.00. Dedicated Full Time Project Manager services
will be provided through June 30, 2017.
c. Implementation Days
The following Implementation Days were added via signed Purchase Orders 20171270 and
20171272. For the avoidance of doubt, Exhibit A 1 to the Agreement, entitled "Munis
Investment Summary," is hereby amended as follows:
A line item for "Bridge Day Half Day" with 1 unit, at a Unit Price of $638.00, at an Extended
Price of $638 .00, is added.
Aline item for "Bridge Days" with 3 units, at a Unit Price of $11275.00, at an Extended Price
of $3,825.00, is added.
A line item for "Pre -Live Days" with 13 units, at a Unit Price of $1,275.00, at an Extended
Price of $16,575.00, is added.
A line item for "HR /PR Implementation Days" with 3 units, at a Unit Price of
$1,275.00, at an Extended Price of $3,825.00, is added.
A line item for "Estimated Travel Expenses" with 1 unit, at a Unit Price of
$18,700.00, at an Extended Price of $18,700.00, is 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.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY 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.
FOR THE CITY OF MIAMI BEACH, FLORIDA:
ATTEST:
By:
/tafael E.Granado
City Clerk
Philip
AUG 232
Date
FOR TYLER TECHNOLOGIES, INC.
ATTEST:
By:
INcoRp
Jisel Lopez, Corporate Attorney
Print Name /Title
6/13/2017
Date
izia [LA, k-
Robert Kennedy- Jensen, Senior Corporate
Attorney
Print Name /Title
6/13/2017
Date
PROVED AS TO
rORM & LANGUAGE
& FOR EXECUTION
lirpviisi 'At
it Attorney rtpe Date