Resolution 2021-31666 RESOLUTION NO. 2021-31666
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE CONSOLIDATION OF THE
FOLLOWING AGREEMENTS UNDER THE TYLER MAINTENANCE AND
SUPPORT AGREEMENT (MSA) AS A SOLE-SOURCE PURCHASE,
PURSUANT TO SECTION 2-367(d) OF THE CITY CODE, FOR SOFTWARE
MAINTENANCE AND SUPPORT SERVICES: (I) EDEN LICENSE AND
SERVICES AGREEMENT, DATED JUNE 7, 2004; (II) NEW WORLD PUBLIC
SAFETY LICENSE AND SERVICES AGREEMENT, DATED JANUARY 23,
2008; (III) MUNIS, ENERGOV AND EDEN ACCESS MAINTENANCE LICENSE
AND SERVICES AGREEMENT, DATED OCTOBER, 10, 2014; AND (IV) NEW
WORLD MAINTENANCE AND SUPPORT AGREEMENT, DATED APRIL 29,
2016; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE
CONSOLIDATED MSA, BASED UPON THE ESSENTIAL TERMS SET FORTH
IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS
RESOLUTION, FOR AN INITIAL TERM OF ONE (1) YEAR, WITH UP TO FOUR
(4) ADDITIONAL ONE-YEAR RENEWAL TERMS, FOR A TOTAL ANNUAL
COST NOT TO EXCEED THE AMOUNT APPROPRIATED FOR THE
CONSOLIDATED MSA THROUGH THE CITY'S BUDGETARY PROCESS; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ANY
AND ALL DOCUMENTS OR AGREEMENTS WHICH MAY BE REQUIRED TO
IMPLEMENT THIS CONSOLIDATION.
WHEREAS, on April 14, 2004, the Mayor and City Commission adopted Resolution No.
2004-25546, which approved and authorized the City to execute an Agreement with Eden
Systems to provide, install, and support of the City's EDEN enterprise recourse planning (ERP)
software; and
WHEREAS, on January 16, 2008, the Mayor and City Commission adopted Resolution
No. 2008-26744, which approved and authorized the City to execute an Agreement with New
World Systems to provide, install, and support and integrated public safety dispatch and records
systems; and
WHEREAS, on October 10, 2014, the Mayor and City Commission adopted Resolution
No. 2014-28707 which approved and authorized the City to execute an Agreement with Tyler
Technologies, Inc. ("Tyler Technologies"), to replace the City's current Eden enterprise resource
planning ("ERP") system and the City's current permitting system, known as Permits Plus; and
WHEREAS, on March 9, 2016, the Mayor and City Commission adopted Resolution No.
2016-29333, which authorized the City Manager and City Clerk to execute a Standard Software
Maintenance Agreement with Tyler Technologies Inc. (previously, New Word System Corp.), to
provide, install, and support and integrate public safety dispatch and records systems; and
WHEREAS, under the scope of the new Enterprise Agreement between the City and Tyler
Technologies (the "MSA"), the City uses Tyler Technologies products to run many critical internal
systems, including Enterprise Resource Planning (ERP), 911, public safety services, permitting,
and code compliance; and
WHEREAS, Munis provides ERP functionality across many of the City' s core business
processes, including finance, budget, procurement and human resources; and
WHEREAS, in 2014, Munis also replaced the City's legacy ERP system, Eden; and
WHEREAS, Eden is utilized by the City for its utility billing services, which services have
not been migrated to Munis like other City functions, causing the City to incur additional yearly
costs associated with support services and software maintenance, until such time that a transition
occurs; and
WHEREAS, EnerGov provides software solutions for many City departments, including
Building, Planning, and Code Enforcement, which software is used in processes such as plan
reviews, inspections, code enforcement and cashiering; and
WHEREAS, New World provides the City's Public Safety Departments with software
maintenance, technical support, and software updates for the Computer Aided Dispatch System
(911), Fire Records Management System, Police Records Management System, Mobile
Computing, Real-Time Messaging and other components required to meet life safety services for
the general public; and
WHEREAS, Tyler Technologies is the successor in interest to Eden Systems, Inc. and
New World Systems Corporation, and is the contracting party for the EnerGov and Munis systems
(collectively, the "Tyler Technologies Entities"); and
WHEREAS, only Tyler Technologies is able to provide the maintenance and software
upgrades for the services that the City currently has in place under the current agreements with
the Tyler Technologies Entities, as the systems are proprietary to Tyler Technologies; and
WHEREAS, the essential terms of the proposed consolidated MSA for
maintenance, support and software upgrade services are as follows:
• The early termination of the current agreements with Tyler Technologies Related
Entities without penalties;
• a one year maintenance contract, with automatic renewals for a maximum of five
one year terms, unless a notice of termination is provided 90 days in advance;
• termination for cause with 90 day notice to cure;
• termination for lack of appropriation during the City's annual budgetary cycle;
• proration and alignment of contracts to January 1St;
• standardized maintenance and support level agreement language (SLA) for all
product that covers appropriate response times, support channels, resource
availability, incident escalation, resolution targets and terms of engagement,
inclusive of security measures for support services; and
• yearly not to exceed increases in maintenance contracts for product lines, in
accordance with industry best practices, as follows:
• New World Systems will not exceed a yearly 4% increase per year; and
• Eden, EnerGov, and Munis will not exceed a 5% increase per year; and
WHEREAS, the Administration would like to consolidate all of the foregoing agreements
with the Tyler Technologies Related Entities under the MSA, in order to (i) bring all non Software
As A Service (SaaS) products into one agreement; (ii) receive the benefit of the economies of
scale; (iii)standardize the business provisions for all the services; and (iv)extend the consolidated
MSA, on a coterminous basis, for an initial term of one (1)year, with up to four(4)additional one-
year renewal terms, for a total annual cost not to exceed the yearly appropriation for the MSA
during the City's budgetary process; and
WHEREAS, based on the aforementioned benefits, the City Manager recommends
approving the consolidation of the agreements with the Tyler Technologies Entities under the
MSA.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the consolidation of the following agreements under the Tyler
Maintenance and Support Agreement (MSA) as a sole-source purchase, pursuant to section 2-
367(d) of the City code, of software maintenance and support services: (i) Eden License and
Services Agreement, dated June 7, 2004; (ii) New World Public Safety License and Services
Agreement, dated January 23, 2008; (iii) Munis, Energov and Eden Access Maintenance License
and Services Agreement, dated October, 10, 2014; and (iv)New World Maintenance and Support
Agreement, dated April 29, 2016; and authorize the City Manager to negotiate the consolidated
MSA, based upon the essential terms set forth in the City Commission Memorandum
accompanying this Resolution,for an initial term of one(1)year,with up to four(4)additional one-
year renewal terms, for a total annual cost not to exceed the amount appropriated for the
consolidated MSA through the City's budgetary process; and further authorize the Mayor and City
Clerk to execute any and all documents or agreements which may be required to implement this
consolidation.
PASSED and ADOPTED this o�9 day of 406/ 2021
ATTEST:
Dan Gelber, Mayor
q 3e ,z
Rafael . Gran-do, Ity lerk
(IHCORP ORATED'
I g ;)_-:
APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\2016\October\Information Technology\Tyler Amendment 5 Resolution.docx & FOR EXECUTION
City Attorney ii Date
I#
Resolutions-C7 H
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
DATE: April 29, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE CONSOLIDATION OF
THE FOLLOWING AGREEMENTS UNDER THE TYLER MAINTENANCE
AND SUPPORT AGREEMENT (MSA), AS A SOLE-SOURCE PURCHASE,
PURSUANT TO SECTION 2-367(D) OF THE CITY CODE, FOR SOFTWARE
MAINTENANCE AND SUPPORT SERVICES: (1) EDEN LICENSE AND
SERVICES AGREEMENT, DATED JUNE 7, 2004; (2) NEW WORLD PUBLIC
SAFETY LICENSE AND SERVICES AGREEMENT, DATED JANUARY 23,
2008; (3) MUNIS, ENERGOV AND EDEN ACCESS MAINTENANCE
LICENSE AND SERVICES AGREEMENT, DATED OCTOBER 10, 2014;AND
(4) NEW WORLD MAINTENANCE AND SUPPORT AGREEMENT, DATED
APRIL 29, 2016;AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A
CONSOLIDATED MSA, BASED UPON THE ESSENTIAL TERMS SET
FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING
THIS RESOLUTION, FOR AN INITIAL TERM OF ONE (1) YEAR, WITH UP
TO FOUR (4) ADDITIONAL ONE-YEAR RENEWAL TERMS, FOR A TOTAL
ANNUAL COST NOT TO EXCEED THE AMOUNT APPROPRIATED FOR
THE CONSOLIDATED MSA THROUGH THE CITY'S BUDGETARY
PROCESS;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE ANYAND ALL DOCUMENTS OR AGREEMENTS WHICH MAY
BE REQUIRED TO IMPLEMENT THE MSA.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
On April 14, 2004 the Mayor and City Commission adopted Resolution No. 2004-25546, which
approved and authorized the City to execute an Agreement with Eden Systems to provide,
install, and support of the City's EDEN enterprise recourse planning (ERP)software.
On January 16, 2008, the Mayor and City Commission adopted Resolution No. 2008-26744,
which approved and authorized the City to execute an Agreement with New World Systems to
provide, install, and support and integrated public safety dispatch and records systems.
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On October 10, 2014, the Mayor and City Commission adopted Resolution No. 2014-28707
which approved and authorized the City to execute an Agreement with Tyler Technologies, Inc,
to replace the City's current Eden enterprise resource planning ("ERP") system and the City's
current permitting system, known as Permits Plus.
On March 9, 2016, the Mayor and City Commission adopted Resolution No. 2016-29333,which
authorized the City Manager and City Clerk to execute a Standard Software Maintenance
Agreement with Tyler Technologies Inc. (previously, New Worn! System Corp.), to provide,
install, and support and integrated public safety dispatch and records systems.
ANALYSIS
The City uses Tyler Technologies products to run many critical internal systems, including
Enterprise Resource Planning (ERP), 911, public safety services, permitting, and code
compliance. The following systems are encompassed in the new Enterprise Agreement
between the City and Tyler Technologies:
(1) Munis provides ERP functionality across many of the City' s core business
processes, including finance, budget, procurement and human resources. Munis
replaced the City's legacy ERP system, Eden, in 2014. The replacement of the Eden
ERP was a key part of the Administration' s goal of re- engineering core business
processes to maximize efficiencies and service to constituents, as well as improve
internal controls.
(2) Eden is utilized by the City for its Utility Billing services. These have not been
migrated to Munis like other City functions, and as such, yearly maintenance must be
paid for support services and software maintenance until such time that a transition
occurs.
(3) EnerGov provides software solutions for many City departments, including
Building, Planning, and Code Enforcement. Processes such as plans review,
inspections, code enforcement and cashiering are all processed within EnerGov.
Additionally, Business Licenses are also managed in EnerGov, which will facilitate and
simplify the issuance and renewal of Business Tax Receipts. The EnerGov solution also
includes a Citizen Access Portal for online BTR submission and renewal, permit & plans
submission, and inspection scheduling. EnerGov provides a seamless interface with Munis
and the Tyler Cashiering component will provide a continuous interface that will allow for
real time cashiering in both Munis and EnerGov.
(4) New World provides the City's Public Safety Departments with software
maintenance, technical support, and software updates for the Computer Aided Dispatch
System (911), Fire Records Management System, Police Records Management
System, Mobile Computing, Real-Time Messaging and other components required to
meet life safety services for the general public. These systems are critical to the
operational and planning activities of the Police Department, Fire Department and
Emergency Management.
The City currently pays yearly maintenance to Tyler Technologies for the aforementioned
Page 226 of 538
products as separate agreements. The current agreements include multiple amendments,
expire on different dates, offer disparate service level agreements, and do not offer
standardized yearly maintenance increase caps.
Tyler Technologies is the successor in interest to Eden Systems, Inc. and New World
Systems Corporation, and is the contracting party for the EnerGov and Munis systems
(collectively, the "Tyler Technologies Entities"). Only Tyler Technologies is able to provide
the maintenance and software upgrades for the services that the City currently has in place
under the current agreements with the Tyler Technologies Entities, as the systems are
proprietary to Tyler Technologies.
The purpose of this item, and the intent of the MSA with Tyler Technologies,would bring all
non Software As A Service (SaaS) products into a consolidated contract. The new MSA
would replace the current disparate terms of the separate contracts and amendments as
well as streamline the renewal process and standardize terms . .
The basic terms and conditions of the proposed MSA for maintenance, support and software
upgrade services are outlined below.
• The early termination of the current agreements with Tyler Technologies Entities without
penalties; and
• a one year maintenance contract, with automatic renewals for a maximum of five one year
terms, unless a notice of termination is provided.90 days in advance; and
• termination for cause with 90 day notice to cure; and
• termination for lack of appropriation during the City's annual budgetary cycle; and
• proration and alignment of contracts to January 1st; and
• standardized maintenance and support level agreement language (SLA) for all product that
covers appropriate response times, support channels, resource availability, incident
escalation, resolution targets and terms of engagement, indusive of security measures for
support services;and
• yearly not to exceed increases in maintenance contracts for product lines, in accordance with
industry best practices, as follows; and
• New World Systems will not exceed a yearly 4% increase per year.
• Eden, EnerGov, and Munis will not exceed a 5%increase per year.
CITY MANAGER RECOMMENDATION
Based upon the foregoing, the City Manager recommends that the Mayor and City
Commission authorize the City Manager to negotiate an agreement consolidating the (1)
Eden License and Services; (2) New World Public Safety License and Services; (3)
Munis, EnerGov and Eden Access Maintenance and Service; and the (4) New World
Maintenance and Support agreement under the MSA, as a sole-source purchase, based
upon the essential terms set forth above.
SUPPORTING SURVEY DATA
N/A
CONCLUSION
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Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Strategic Connection
Organizational Innovation- Maximize the use of innovative technology.
Legislative Tracking
Information Technology
ATTACHMENTS:
Description
❑ Formed Approve Resolution
❑ Sole Source Letter
Page 228 of 538
•
•••••• tyler
• technologies
One Tyler Drive
Yarmouth,ME 04096
P:800.772.2260
F:207.781.2459
March 10,2021
Alian Gonzalez CPPB,Contract Compliance Administrator
1755 Meridian Avenue
3rd Floor
Miami Beach, FL 33139
RE: Renewal Agreement between the City of Miami Beach,FL and Tyler
Technologies,Inc.
Dear Mr.Gonzalez:
Please accept this letter as confirmation that Tyler Technologies, Inc.is the sole
provider of the Tyler Eden, MUNIS, EnerGov,and New World Public Safety software.
Additionally,Tyler is the only party authorized to support,and update or modify the
software.
Tyler is the sole developer and implementer of the Tyler Eden, MUNIS,EnerGov,and
New World Public Safety software.
Please let me know if you have any additional questions.
Regards,
Si4AA,£
Sherry Clark
Senior Corporate Attorney
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