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Resolution No. 94651 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9465 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. ONE TO AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND TYLER TECHNOLOGIES, INC. (EDEN DIVISION) WHEREAS, on May 24, 2006, the City Council of the City of (Vernon adopted Resolution No. 9046 approving and authorizing the execution of an Agreement (the "Agreement") with Tyler Technologies, Inc., Eden Division ("Tyler") for a financial software system for city-wide use which included financial, customer information and 1personnel modules of its Eden Software-InForum Gold with support and an option to purchase the payroll, inventory and citizens services modules to expand the system at a later date ("Financial Software System"); and WHEREAS, by memo dated October 16, 2007, the Director of Finance has recommended the purchase of the payroll module to handle additional reporting and updating capability to the Financial Software System; and WHEREAS, the City and Tyler desire to amend Exhibit 1, Investment Summary, of the Agreement to provide for the licensing, training, conversion, travel and maintenance fees for the payroll module which will expand the Financial Software System under the same terms and conditions of the Agreement; and WHEREAS, on October 23, 2007, the Finance Committee Section of the City Council recommended the purchase of the Eden Payroll Module from Tyler at an approximate cost of $80,860.00, subject to the preparation of an amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE: CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Amendment No. One to Agreement with Tyler, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send one fully executed Amendment to: Christina Hendrickson Tyler Technologies, Eden Division 1100 Oakesdale Avenue SW Renton, WA 98057 SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Agreement. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 6th day of November, 2007. ATTEST: UELA GIRON, City Clerk Name: Leonis C. Malburg Title: Mayor yor r - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9465, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Tuesday, November 6, 2007, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) L'4wa &::tc MANUELA G ON, City Clerk - 4 - EXHIBIT A AMENDMENT NO. ONE TO AGREEMENT This Amendment No. One to Agreement (the "Amendment") executed this 6tn day of November, 2007, is entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, by and between the City of Vernon ("the City") and Tyler Technologies ("Tyler"). WHEREAS, the City and Tyler are parties to an Agreement dated August 17, 2006, (hereinafter referred to as the "Agreement") under which Tyler provided the City with a financial software system for city-wide use which included financial, customer information and personnel modules of its Eden Software-InForum Gold with support and an option to purchase the payroll, inventory and citizens services modules to expand the system at a later date; and WHEREAS, the City and Tyler desire to amend the Agreement to purchase the payroll module to expand the financial software system; and WHEREAS, Exhibit 1, Investment Summary, of the Agreement provides for licensing, training, installation, data conversion, and maintenance fees; and WHEREAS, Section E, Item 11 of the Agreement provides for amendments and modifications to the Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Exhibit 1, Investment Summary, of the Agreement is hereby amended to provide for the licensing, training, conversation, travel expenses, and maintenance for a payroll module to be added to the City's financial software system at a cost of $80,860.00, plus any applicable taxes. A copy of the September 14, 2007 Exhibit 1 is attached hereto and made a part hereof. 2. In all other respects, the terms and conditions of the Agreement shall be renewed in its entirety. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: JEFF A. HARRISON, City Attorney W. I: City of Vernon LEONIS C. MALBURG Mayor Tyler Technologies, Inc. Name: Richard E. Peterson, Jr. Title: President -Large Financial Division WE Name: Michael J. Lyons Title: Chief Financial Officer - Large Financial Division 2 Investment Summary EXHIBIT 1 Financial and Administrative Information Systems Proposal Prepared for City of Vernon Rory Burnett & Martha Valenzuela Director of Finance & Director of Personnel 4305 Santa Fe Avenue Vernon, CA 90058 Phone: 323-583-8811 x226 FAX: 909-338-2762 rburnett@ci.vernon.ca.us & mvalenzuela@ci.vernon.ca.us Prepared By: Tyler Technologies I EDEN Division Christina Hendrickson christina.hendrickson@tylertech.com Phone: 800-328-0310 September 14, 2007 tylerRenton, 1100 Oakesdale Avenue SW Customer Name: Clty of Vernon WA 98057 Contact: Rory Burnett & Martha Valenzuela C1-1K0i.-0c';( E S christina.hendrickson@tylertech.com 800-328-0310 Date: Salesperson: September 14, 2007 Christina Hendrickson Summary Investment Summary Investment Annual Maintenance Fees License Fees 31,800 Software Maintenance 6,360 Training and Conversion 34,000 Premier Project Management 0 Estimated Travel Expenses 8,70@ Estimated Tax Total Purchase Price 74,500 Total Annual Fees 6,360 For existing EDEN Clients, the fees are billed as follows: 100% of Application Software Licence Fees upon delivery of the software products 100%of the Year 1 Application Software Maintenance Fees are billed upon Initiation (first day of training) 100% of the Third Party Product License Fees/Purchase Price upon delivery of the third party products - 100% of the Year 1 Third Party Product Maintenance Fees upon delivery of the third party products Services and associated expenses as provided/incurred. Payment is due within 30 days of invoice receipt. Quote is subject to existing Contract. Tyler Technologies 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328.0310; eden.sales@lylortech.com ityler*** Customer Price Quotation - Standard Implementation *** Customer Name; City of Vernon Concurrent Users: 20 TCw$ Frei (_fit"' u__ Date: September 14. 2007 ..... �.....Y....".......,.r-.. 9 _ _ _ .. � .. Crystal Software Assurance $ = Disaster Recovery Services (DRS) $ Escrow Service for Source Code $ Support Plus $ OS/DBA O s System and DataBase support)$ All prices except for those marked as 'Estimated' are good for 120 days from the above date. "Estimated' quotes are subject to Immediate change without notice. Tyler offers software support on items under the 'Eden'_categories. Software support begins upon onset of tralning of the software module. Support and maintenance on all other items is offered directly by the supplier or manufacturer. All client computers must meet the minimum client hardware and software requirements defined by Tyler. Sales taxes will be charged to Wash(ngton customers. Estimated costs of Travel and Expenses Includes estimated charges for travel to and from the customer site. Tyler Technologies; 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328.0310; eden.sales@toortech.com *** Estimated Training - Install - Conversion Days *** Customer Name: City of Vernon Concurrent Users: 20 Installation, Other On Site I Training, Off- Data Conv Consulting Total Son Product Description Trips site prep days Days I Days Days 4.0 1 I I. 4.011 11at II 7.0 11 II 25.011 9.0 1 I 34. hough quotes for services are provided here as our best estimate of what it will take to properly train your personnel in a'train the trainer' setting, such quotations are :a guarantee that quoted services will match the skill and requirements of your staff and that additional services might not be needed. For all services quoted here or will deliver the number of days for the dollars quoted. All additional services beyond those shown In this quotation must first be authorized by the customer and will provided by Eden Systems at Its then going hourly rate. r►. 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 November 27, 2007 Tyler Technologies, Eden Division ATTN: Christina Hendrickson 1100 Oakesdale Avenue SW Renton, WA 98057 Re: Amendment No. One - Financial Software License Agreement Dear Ms. Hendrickson: Transmitted herewith is a fully executed amendment as referenced above, approved by City Council on November 6, 2007, through Resolution No. 9465. If you have any questions regarding this matter, please call Ms. Martha Valenzuela at 323/583-8811 ext. 226. NG:dr c: Rory Burnett Sharon Duckworth Martha Valenzuela Resolution No. 9465 Agreement File No. 07-126 Very truly yours, Nelly Gi o City Clerk E ,cfusivefy Industriaf AMENDMENT NO. ONE TO AGREEMENT This Amendment No. One to Agreement (the "Amendment") executed this 6tn day of November, 2007, is entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, by and between the City of Vernon ("the City") and Tyler Technologies ("Tyler"). WHEREAS, the City and Tyler are parties to an Agreement dated August 17, 2006, (hereinafter referred to as the "Agreement") under which Tyler provided the City with a financial software system for city-wide use which included financial, customer information and personnel modules of its Eden Software-InForum Gold with support and an option to purchase the payroll, inventory and citizens services modules to expand the system at a later date; and WHEREAS, the City and Tyler desire to amend the Agreement to purchase the payroll module to expand the financial software system; and WHEREAS, Exhibit 1, Investment Summary, of the Agreement provides for licensing, training, installation, data conversion, and maintenance fees; and WHEREAS, Section E, Item 11 of the Agreement provides for amendments and modifications to the Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Exhibit 1, Investment Summary, of the Agreement is hereby amended to provide for the licensing, training, conversation, travel expenses, and maintenance for a payroll module to be added to the City's financial software system at a cost of $80,860.00, plus any applicable taxes. A copy of the September 14, 2007 Exhibit 1 is attached hereto and made a part hereof. 2. In all other respects, the terms and conditions of the Agreement shall be renewed in its entirety. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by and through their authorized officers on the date, month and year first written above. A TEST: 14ANUELA GIRO' , Ci y Clerk APPROVED A8 TO FORM: , City Attorney 2 City of Vernon By: ���� lY EONIS C. MALB G Mayor Tyler Te ��; - . By: Name: Richard E. eterson, Jr. Title IN Name: Michael J . Lyons Title: Chief Financial Officer - Large Financial Division EXHIBIT 1 Financial and Administrative Information Systems Proposal Prepared for City of Vernon Rozy Burnett & Martha Valenzuela Director of Finance & Director of Personnel 4305 Santa Fe Avenue Vernon, CA 90058 Phone: 323-583-8811 x226 FAX: 909-338-2762 rburnett@ci.vernon.ca.us & mvalenzuela@ci.vernon.ca.us Prepared By: Tyler Technologies I EDEN Division Christina Hendrickson christina.hendrickson@tylertech.com Phone: 800-328-0310 September 14, 2007 1100 Oakesdale Avenue SW Customer Name: City of Vernon tylerRenton, WA 98057 Contact: Rory Burnett & Martha Valenzuela christina.hendrickson@tylertech.com Date: September 14, 2007 fEC'i-fMt3t'00(F-`W 800-328-0310 Salesperson: Christina Hendrickson Summary Investment Summary Investment Annual Maintenance Fees License Fees 31,800 Software Maintenance 6,360 Training and Conversion 34,000 Premier Project Management 0. Estimated Travel Expenses 8,70@ Estimated Tax 0 Total Purchase Price 74,500 Total Annual Fees 6,360 For existing EDEN Clients, the fees are billed as follows: - 100% of Application Software Licence Fees upon delivery of the software products 100%of the Year 1 Application Software Maintenance Fees are billed upon Initiation (first day of training) 100% of the Third Party Product License Fees/Purchase Price upon delivery of the third parry products - 100% of the Year 1 Third Party Product Maintenance Fees upon delivery of the third party products Services and associated expenses as provided/incurred. Payment is due within 30 days of invoice receipt. Quote is subject to existing Contract.