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Resolution No. 95571 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. 9557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT NO. TWO 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, as amended by Amendment No. One dated November 6, 2007 approved by Resolution No. 9465 and Change Order dated January 22, 2008 (collectively, the "Agreement") with Tyler Technologies, Inc., Eden Division ("Tyler") for a financial software system for city-wide use which included financial, customer information, personnel and payroll modules of its Eden Software- InForum Gold with support and an option to purchase the additional modules to expand the system at a later date ("Financial Software System"); and WHEREAS, by memo dated January 23, 2008, the Purchasing Agent has recommended the renewal of the Finance Software System maintenance for 2008; and WHEREAS, the City and Tyler desire to amend the Agreement to renew the maintenance of the Finance Software System for the period January 1, 2008 through December 31, 2008, at an approximate cost of Twenty -Eight Thousand Five Hundred Ninety -Six Dollars and Ten Cents ($28,596.10), under the same terms and conditions of the Agreement; and WHEREAS, on February 12, 2008, theFinanceCommittee Section of the City Council recommended the 2008 renewal of the maintenance and support for the Financial Software System, subject to the approval 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 of an amendment. 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. Two 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 her 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 19th day of February, 2008. ATTEST: X6�1 NUELA GIRO ity Clerk Name: Leonis C. Malbura Title: Mayor / - 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. 9557, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 19, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) v� MANUELA GIRON, City Clerk - 4 - EXHIBIT A AMENDMENT NO. TWO TO AGREEMENT This Amendment No. Two to Agreement (the "Amendment") executed this 19th day of February, 2008, 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, as amended by Amendment No. One on November 6, 2007 and Change Order dated January 22, 2008, (collectively, the "Agreement") under which Tyler provides the City with a financial software system for city-wide use which includes financial, customer information, personnel and payroll modules of its Eden Software-InForum Gold with support and an option to purchase additional modules to expand the system at a later date; and WHEREAS, the City and Tyler desire to amend the Agreement to renew the maintenance agreement for the period January 1, 2008 through December 31, 2008 and to amend Exhibit 1, Investment Summary, to reflect the 2008 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. The term of the Maintenance Agreement as set forth in Section C, Item 2, is hereby renewed for an additional year, January 1, 2008 through December 31, 2008. 2. Exhibit 1, Investment Summary, of the Agreement is hereby amended to provide for the 2008 maintenance fees for the City's financial software system at a cost of $28,596.10, plus any applicable taxes. A copy of the amended Exhibit 1 is attached hereto and made a part hereof. 3. 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 City of Vernon LEONIS C. MALBURG Mayor Tyler Technologies, Inc. I0 Name: Richard E. Peterson, Jr. Title: President -Large Financial Division M. Name: Michael J. Lyons Title: Chief Financial Officer - Large Financial Division 2 Investment Summary EXHIBIT 1 Ax g k: � l 1 X - - dis69 fSys L4 �f' a�� .!�'9j rt a���li>LE4�7S�71 -�yi�,tttl�ig�.}��{��_ ° A ,A ,&� Nil .gp'fyia-• ,.. ' ref'a'�ifit�`a.����e��s��'��:#.a�ia•€����ii��s��as�i �;i�t�t�°ri� V� `��. i -� 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 March 17, 2008 Tyler Technologies, Inc., Eden Division ATTN: Stacey M. Gerard Falmouth, ME 04105 Re: Financial Software Agreement - Amendment No. Two Dear Ms. Hendrickson: Transmitted herewith is a fully executed amendment as referenced above, approved by City Council on February 19, 2008, through Resolution No. 9557. If you have any questions regarding this matter, please call Mr. Donal O'Callaghan at 323/583-8811 ext. 834. Very truly yours, r. Nelly G ron City Clerk NG:dr c: Donal O'Callaghan Dolores Jaunzemis Resolution No. 9557 Agreement File No. 08-025 E ,Asivefy Industfial AMENDMENT NO. TWO TO AGREEMENT This Amendment No. Two to Agreement (the "Amendment") executed this 19tn day of February, 2008, 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, as amended by Amendment No. One on November 6, 2007 and Change Order dated January 22, 2008, (collectively, the "Agreement") under which Tyler provides the City with a financial software system for city-wide use which includes financial, customer information, personnel and payroll modules of its Eden Software-InForum Gold with support and an option to purchase additional modules to expand the system at a later date; and WHEREAS, the City and Tyler desire to amend the Agreement to renew the maintenance agreement for the period January 1, 2008 through December 31, 2008 and to amend Exhibit 1, Investment Summary, to reflect the 2008 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. The term of the Maintenance Agreement as set forth in Section C, Item 2, is hereby renewed for an additional year, January 1, 2008 through December 31, 2008. 2. . Exhibit 1, Investment Summary, of the Agreement is hereby amended to provide for the 2008 maintenance fees for the City's financial software system at a cost of $28,596.10, plus any applicable taxes. A copy of the amended Exhibit 1 is attached hereto and made a part hereof. 3. 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. AT EST: C ANUELA GIR'GN, Cit Clerk APPROVFAD AS TO FORM: SON, City Attorney City of Vernon By:� EONIS C. MALBU ayor Tyler Tec _c. By: Name: Richard E. Peterson, Jr. Title: President -Large Financial Division, 4 p" / am Name: Michael J. L Title: Chief Financial Officer - Large Financial Division 2 Investment Summary EXHIBIT I :.. EXHIBIT I �■■y __ M �"N�L � �# �Q'A Si r..ay �,�i4'l .. �y+ �jky�r3.S-R r{�y �{ 0-01,11 r�'44jT�S j,j.: r � ryryjj 5 yq 'yy�ry.�* r� S' l; t 1-6 WM $ 4Z81 � s E ai Mko