Resolution No. 2012-037RESOLUTION NO. 2012-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. 7.TO THE AGREEMENT BY AND BETWEEN
THE CITY OF VERNON AND TYLER TECHNOLOGIES, INC. FOR
MAINTENANCE OF THE CITY'S FINANCIAL SOFTWARE SYSTEM
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 with Tyler Technologies, Inc., Eden Division
("Tyler") for a license and maintenance of the City's financial
software system ("Financial Software System"); and
WHEREAS, the Agreement was amended by Amendment No. One
dated November 6, 2007, approved by Resolution No. 9465; a Change
Order dated January 22, 2008, Amendment No. Two dated February 19,
2008 approved by Resolution No. 9557;.Amendment No. Three dated
February 9, 2009, approved by Resolution No. 9855; Amendment No. Four
dated July 13, 2009, approved by Resolution No. 10,018; Amendment No.
Five dated January 11, 2010, approved by Resolution No. 2010-09 and
Amendment No. 6 dated February 1, 2011, approved by Resolution
No. 2011-10 (the "Amended Agreement"); and
WHEREAS, by memo dated February 21, 2012, the Director of
Light & Power has recommended the renewal of the Maintenance Agreement
for the Financial Software System for 2012; and
WHEREAS, the City and Tyler desire to amend the Amended
Agreement to extend the Maintenance Agreement of the Financial Software
System for the period January 1, 2012 through December 31, 2012, and to
amend Exhibit 1 to the Amended Agreement to reflect the 2012
maintenance fee of Forty -Three Thousand Nine Hundred Nineteen Dollars
and Fifty Cents (43,919.50); and
WHEREAS, the City Council of the City of Vernon has
determined that, pursuant to the provisions of subsection (b)(1) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to enter into an amendment with Tyler to provide for the
annual support of the Financial Software System to ensure the
uninterrupted operation of the Financial Software System and enhance
the efficient operation of the City.
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 Amendment No. 7 with Tyler Technologies, Inc., a copy of
which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for,
and on behalf of, the City of Vernon and the City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the Director of Light & Power, or his designee, to take
whatever actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
- 2 -
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or Deputy City Clerk, to send one fully
executed Amendment to:
Tyler Technologies, Inc.
Attn: Robert Kennedy -Jensen, Contracts Specialist
1 Cole Haan Drive
Yarmouth, Maine 04096
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 6th day of March, 2012.
Name:
Title Mom/ Mayor Pro-Tem
- 3 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-37, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, March 6, 2012, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this e day of March,,J�012, at Vernon, California.
(SEAL)
/9-IY�XWH ��
- 4 -
EXHIBIT A
AMENDMENT NO.7 TO AGREEMENT
BETWEEN THE CITY OF VERNON AND TYLER TECHNOLOGIES, INC. FOR
FINANCIAL SOFTWARE MAINTENANCE
This Amendment No. 7 to that certain Amended Agreement, originally dated August 17,
2006, is made as of March SZ, 2012 ("Effective Date"), by and between the City of
Vernon, a California charter city and municipal corporation ("the City") and Tyler Technologies,
Inc. ("Tyler").
WHEREAS, the City and Tyler are parties to an Agreement dated August 17, 2006, as
amended by Amendment No. I on November 6, 2007, a Change Order dated January 22, 2008,
Amendment No. 2 on February 19, 2008, Amendment No. 3 on February 9, 2009, Amendment
No. 4 on July 13, 2009, Amendment No. 5 on January 11, 2010, and Amendment No. 6 on
February 1, 2011 (collectively, the "Amended Agreement") under which Tyler provides the City
with a license to and maintenance of a financial software system; and
WHEREAS, Section E, Article 11 of the Amended Agreement permits the Amended
Agreement to be modified by written amendment signed by authorized representatives of both
parties; and
WHEREAS, the City and Tyler desire to amend Section C ("Maintenance Agreement")
of the Amended Agreement to extend the term of the Maintenance Agreement for the period
January 1, 2012 through December 31, 2012, to amend Exhibit 1, 2011 maintenance fees, to
reflect the 2012 maintenance fees, and to amend certain general provisions.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree
as follows:
1. The term of the Maintenance Agreement as set forth in Section C, Article 2, is
hereby extended for an additional year, January 1, 2012 through December 31, 2012.
2. Exhibit 1, 2012 maintenance fees, of the Amended Agreement is hereby amended
to provide that the 2012 maintenance fee for the City's financial software system shall be Forty -
Three Thousand Nine Hundred Nineteen Dollars and Fifty Cents ($43,919.50), plus any
applicable taxes. A copy of the 2012 Support Invoice is attached hereto and made a part hereof
as Attachment A.
3. Except as expressly modified by this Amendment, all provisions of the
Agreement shall remain in full force and effect.
4. This Amendment is executed in duplicate originals, each of which is deemed to be
an original for all purposes.
5. The provisions of this Amendment shall constitute the entire agreement of the
parties with respect to the subject matter included in this Amendment and shall supersede any
other agreement, understanding, or arrangement, whether written or oral, between the parties
with respect to the subject matter of this Amendment.
6. The person or persons executing this Amendment on behalf of each of the parties
warrants and represents that he or she has the authority to execute this Amendment on behalf of
that party and has the authority to bind that party to the performance of its obligations
hereunder.
7. This Amendment No. 7 may be executed in any number of counterparts, each of
which shall be an original, but all of such counterparts shall together constitute but one and the
same instrument. Delivery of an executed counterpart of this Amendment No. 7 by facsimile or
email shall be equally effective as delivery of a manually executed counterpart of this
Amendment No. 7. This Amendment No. 7 may also be executed in duplicate originals, each of
which is deemed to be an original for all purposes.
[Signatures Begin on Next
Page]
2
IN WITNESS WHEREOF, the parties have signed this Amendment as of the
Effective Date stated in the introductory clause.
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
0
William Davis,
Mayor Pro-Tem
mmw
ATTEST:
WILLARD G. YAMAGUCHI, City Clerk
/:127Z01TA0MIVI Cn iX9i7; 8
WILLARD G. YAMGUCHI, Chief Deputy
City Attorney
Tyler Technologies
1100 Oakesdale Avenue SW
Renton, Wash' on
By:
7
Name: Richard E. Peterson, Jr.
Title: President ERP & School Div.
By: ,
Name: Vames J. 64rlev, II
Title: VP, Sales & Marketing - ERP
EXHIBIT A
2012 SUPPORT INVOICE
0
`
�
00 0
tyler
technologies
Remittance:
Tyler Technologies, Inc. Invoice
(FEIN 75-2303920) invoice No Date Page
P.O. Box 203556
Dallas, TX 75320-3556 045-58447 12/12/2011 1 of 2
Questions:
Phone: 207-781-2260
Toll -free: 1-800-772-2260
Email: munis.accounting@tylertech.com
Fax: 207-781-2459 (Accounting Dept)
Bill To:
City of Vernon
Ship To: City of Vernon
4305 Santa Fe Avenue
4305 Santa Fe Avenue
Vernon, CA 9OD58
Vernon, CA 90058
Customer No. Ord No PO Number Currency Terms Due Date
6584 29762 USD NET30 01/11/2012
Date Description
Units
Rate
Extended Price
Contract No.: VERNON, CITY OF
CORE Cashiering Support - 1 Station
1
4,732.08
4,732.08
Maintenance: Start: 01/Jan2012, End: 31/Decl2D12
GUAP/PG Support
1
9,962.29
9,962.29
Maintenance: Start 01/Jen2012, End: 31/Dec/2012
LaserFiche interface Support
1
622.64
622.64
Maintenance: Start: 01/Jen2D12, End: 31/Dec/2012
State Package Support
1
1,245.28
1,245.28
Maintenance: Start: 01IJan2012, End: 31/Ded2012
GASB Support
1
1,047.29
1,D47.29
Maintenance: Start: 01/Jan12012, End: 31/Dec/2012
Accounts Reoelvable Support
1
2,988.69
2,988.69
Maintenance: Start: 01/Jan/2012, End: 31IDeU2012
Contract Management Support
1
2,490.57
2,490.57
Maintenance: Starr 01/Jan2012, End: 31/Dec/2012
Fined Assets Support
1
2,988.69
2,988.69
Maintenance: Start: 01/Jan/2012, End: 31/Dec/2012
Report Views Support
1
1,245.28
1,245.28
Maintenance: Start: 01/.1an/2012, End: 31/DecJ2012
Project Accounting Support
1
3,735.85
3,735.85
Maintenance: Start 01/Jan12012, End: 31/DerJ2012
Tyler Output Processing Support
1
1,618.86
1,618.86
Maintenance: Start: Dt/Jen2012, End: 31/Dec/2012
Payroll Support
1
4,545.60
4,545.80
Maintenance: Start: 01/Jan/2012. End: 31IDec/2012
Inventory Support
1
4,633.50
4.633.50
Maintenance: Start: Ot/Jan2012, End: 31/Dec/2012
Forms Support
1
418.91
418.91
Maintenance: Start: 01/Jan/2012, End: 31/Der12012
Forms Support
1
1,643.77
1,643.77
Maintenance: Start: Dl/Jan2012, End: 31/Ded2012
SlS III HI II,I0 1 WC XI15 Yl8
�`I 4
IA 7
I2
III1 I12 1
II I�1 1 IAII��ell x
Remittance:
t Invoice
� Tyler Technologies, Inc.
tyler (FEIN 75-2)
P.O. Box 20355603556 Invoice No Date Page
Dallas, TX 75320-3556 045-58447 12112/2011 2 of 2
technologies
Questions:
Phone: 207-781-2260
Toll -free: 1-800-772-2260
Email: munis.accounting@tylertech.com,
Fax: 207-781-2459 (Accounting Dept)
Bill To: City of Vernon Ship To: City of Vernon
4305 Santa Fe Avenue 4305 Santa Fe Avenue
Vernon, CA 90058 Vernon, CA 90058
Customer No. Ord No PO Number Currency Terms Due Date
6584 29762 USD NET30 01/11/2012
Date Description Units Rate Extended Price
******* ATTENTION *******
Please note new remittance
address above and update your
records accordingly
Subtotall 43.919. 01
Sales Tax 1 0.00
Invoice Totall 43,919.50
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
March 8, 2012
Robert Kennedy -Jensen
Contracts Specialist
Tyler Technologies, Inc.
I Cole Haan Drive
Yarmouth, Maine 04096
Re: Financial Software Agreement — Amendment No. 7
Dear Mr. Kennedy -Jensen:
Transmitted herewith is a fully executed amendment as referenced above, approved by City
Council on March 6, 2012, through Resolution No. 2012-37.
If you have any questions regarding this matter, please contact Andrei Yermakov at 323/583-
8811 ext. 248.
Very ly yours,7
�ILCARD G. Y.
City Clerk
WGY:dj
Enclosure
c: Carlos Fandino
Andrei Yermakov
Purchasing Department
Resolution No. 2012-37
Agreement File No. 12-027
qEx,clusivefy Industrial
AMENDMENT NO.7 TO AGREEMENT
BETWEEN THE CITY OF VERNON AND TYLER TECHNOLOGIES, INC. FOR
FINANCIAL SOFTWARE MAINTENANCE
This Amendment No. 7 to that certain Amended Agreement, originally dated August 17,
2006, is made as of March _, 2012 ("Effective Date"), by and between the City of
Vernon, a California charter city and municipal corporation ("the City") and Tyler Technologies,
Inc. ("Tyler").
WHEREAS, the City and Tyler are parties to an Agreement dated August 17, 2006, as
amended by Amendment No. 1 on November 6, 2007, a Change Order dated January 22, 2008,
Amendment No. 2 on February 19, 2008, Amendment No. 3 on February 9, 2009, Amendment
No. 4 on July 13, 2009, Amendment No. 5 on January 11, 2010, and Amendment No. 6 on
February 1, 2011 (collectively, the "Amended Agreement") under which Tyler provides the City
with a license to and maintenance of a financial software system; and
WHEREAS, Section E, Article 11 of the Amended Agreement permits the Amended
Agreement to be modified by written amendment signed by authorized representatives of both
parties; and
WHEREAS, the City and Tyler desire to amend Section C ("Maintenance Agreement")
of the Amended Agreement to extend the term of the Maintenance Agreement for the period
January 1, 2012 through December 31, 2012, to amend Exhibit 1, 2011 maintenance fees, to
reflect the 2012 maintenance fees, and to.amend certain general provisions.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby agree
as follows:
1. The term of the Maintenance Agreement as set forth in Section C, Article 2, is
hereby extended for an additional year, January 1, 2012 through December 31, 2012.
2. Exhibit 1, 2012 maintenance fees, of the Amended Agreement is hereby amended
to provide that the 2012 maintenance fee for the City's financial software system shall be Forty -
Three Thousand Nine Hundred Nineteen Dollars and Fifty Cents ($43,919.50), plus any
applicable taxes. A copy of the 2012 Support Invoice is attached hereto and made a part hereof
as Attachment A.
3. Except as expressly modified by this Amendment, all provisions of the
Agreement shall remain in full force and effect.
4. This Amendment is executed in duplicate originals, each of which is deemed to be
an original for all purposes.
5. The provisions of this Amendment shall constitute the entire agreement of the
parties with respect to the subject matter included in this Amendment and shall supersede any
other agreement, understanding, or arrangement, whether written or oral, between the parties
with respect to the subject matter of this Amendment.
6. The person or persons executing this Amendment on behalf of each of the parties
warrants and represents that he or she has the authority to execute this Amendment on behalf of
that party and has the authority to bind that party to the performance of its obligations
hereunder.
7. This Amendment No. 7 may be executed in any number of counterparts, each of
which shall be an original, but all of such counterparts shall together constitute but one and the
same instrument. Delivery of an executed counterpart of this Amendment No. 7 by facsimile or
email shall be equally effective as delivery of a manually executed counterpart of this
Amendment No. 7. This Amendment No. 7 may also be executed in duplicate originals, each of
which is deemed to be an original for all purposes.
[Signatures Begin on Next
Page]
IN WITNESS WHEREOF, the parties have signed this Amendment as of the
Effective Date stated in the introductory clause.
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
By. G
William Davis,
Mayor Pro-Tem
MKXM
Tyler Technologies
1100 Oakesdale Avenue SW
Renton, Wash' on 9
By --
Name: Richard E. Peterson, Jr.
Title: President ERP & School Div.
By:
Name: Vames J. fiurley, II
Title: VP, Sales & Marketing - ERP
EXHIBIT A
EXHIBIT A
2012 SUPPORT INVOICE
0
Remittance:
Invoice
•®
tyler(FEIN
technologies
Tyler Technologies, Inc.
75-203556) Invoice No Date Page
P.O. Box 203556 045-58447 12/12/2011 1 of 2
Dallas, TX 75320-3556
Questions:
Phone: 207-781-2260
Toll -free, 1-800-772-2260
Email: munis.accounting@tylertech.com
Fax: 207-781-2459 (Accounting Dept)
Bill To:
City of Vernon
Ship To: City of Vernon
4305 Santa Fe Avenue -
4305 Santa Fe Avenue
Vernon, CA 90058
Vernon, CA 90058
Customer No. Ord No PO Number Currency Terms Due Date
6584 29762 USD NET30 01/11/2012
Date Description
Units
Rate
Extended Price
Contract No.: VERNON, CITY OF
CORE Cashiering Support - 1 Station
1
4,732.08
4,732.08
Maintenance: Start: 01/Jan12D12, End: 31/Dec/2012
GUAP/PG Support
1
9,962.29
9,962.29
Maintenance: Start: 01/Jan/2012, End: 31/Dec/2012
Lase -Fiche interface Support
1
622.64
622.64
Maintenance: Start: 01/Jan2012, End: 31/Dec/2012
State Package Support
1
1,245.28
1,245.28
Maintenance: Start: 01/Jan/2012, End: 31/DeU2012
GASB Support
1
1,047.29
1.047.29
Maintenance: Start: 01/Jan/2012, End: 31/Dec/2012
Accounts Receivable Support
1
2,988.69
2,986.69
Maintenance: Start: 01/Jan/2012, End: 31/DeU2012
Contract Management Support
1
2.490.57
2,490.57
Maintenance: Start: 01/Jan2012, End: 31/DeU2012
Fixed Assets Support
1
2,988.69
2,988.69
Maintenance: Start: 01/Jan2012, End: 31/Dect2012
Report Views Support
1
1,245.28
1,245.28
Maintenance: Start: 01/Jan/2012, End: 31/Dec/2012
Project Accounting Support
1
3,735.85
3.735.85
Maintenance: Start: 01/Jan/2012, End: 31/Dec12012
Tyler Output Processing Support
1
1,618.86
1,618.66
Maintenance: Start: 01/Jan2012, End: 31/DecJ2012
Payroll Support
1
4,545.80
4,545.80
Maintenance: Start: 01/Jan/2012, End: 31/Dec/2012
Inventory Support
1
4,633.50
4.633.50
Maintenance: Start: 01/Jan/2012, End: 31/DecJ2O12
Forms Support
1
418.91
418.91
Maintenance: Start: 01/Jan/2012, End: 31/Dec/2012
Forms Support
1
1,643.77
1,643.77
Maintenance: Start: 01/Jan@012, End: 31/DeU2012
,�,�NII'NI Y1 �I�, 5 4 N�nll,N��YI11 1 lAI11,1 I�uIIINx
Remittance:
ti Tyler Technologies, Inc. Invoice
tyler
(FEIN 75-2303920)
P.O. Box 203556 Invoice No Date Page
Dallas, TX 75320-3556 045-58447 12/12/2011 2 of 2
techn010gie
Questions:
Phone: 207-781-2260
Toll -free: 1-800-772-2260
Email: munis.accounting@tylertech.com
Fax: 207-781-2459 (Accounting Dept)
Bill To: City of Vernon Ship To: City of Vernon
4305 Santa Fe Avenue 4305 Santa Fe Avenue
Vernon, CA 90058 Vernon, CA 90058
Customer No. Ord No PO Number - Currency Terms Due Date
6584 29762 USD NET30 01/11/2012
Date Description Units Rate Extended Price
******* ATTENTION *******
Please note new remittance
address above and update your
records accordingly
Subtotal 43,919.50
Sales Tax - 0.00
Invoice Total 43,919.50
•
••''•• tyIer
• technologies
One Cole Haan Drlve
Yarmouth, ME 04096
P: 800.772.2260
F: 207.781.2459
www.tylertech.com
February 14,2012
Mr. Andrei Yermakov
City of Vernon
4305 South Santa Fe Ave
Vernon, CA 90058
Dear Andrei,
Enclosed, please find two (2) signed originals of Amendment No. 7 to the Agreement
between Tyler Technologies, Inc. and the City of Vernon. Please sign each in blue ink,
retain one (1) executed original for your records, and return the remaining executed
original to my attention at:
Tyler Technologies, Inc.
1 Cole Haan Drive
Yarmouth, Maine 04096
Thank you for selecting Tyler Technologies, Inc. to meet your software needs. Please do
not hesitate to contact me at 1-800-772-2260, extension 4588, if you have any questions.
Sincerely,
Robert Kennedy -Jensen
Contracts Specialist
Enclosures
RECEIVED
RECEIVED FEB 2 3 2012
FEB 2 3 2012 STAFF REPORT CITY ADMINISTRATION
CITY CLERK'S OFFICE LIGHT & POWER
DATE: February 21, 2012 (r
TO: Honorable Mayor and City Council
FROM: Carlos Fandino Jr., Director of Light & Power1Z-
RE: Amendment No. 7 — Tyler Technologies, Inc.
PURPOSE
Eden financial system annual software support renewal, which is the main accounting
software used by the City.
RECOMMENDATION
It is recommended that the attached Amendment No. 7 to the Tyler Technologies, Inc.
agreement be placed on the agenda for City Council consideration and approval at the
March 6, 2012 council meeting. The attached agreement has been reviewed and
approved as to form by the Legal Department.
FISCAL IMPACT
The total cost of the annual support is $43,919.50, and funds have been allocated in the
2011-2012 Information Technology Budget.
CRF:ah
Attachments
Amendment No. 7 — Tyler Technologies Agreement
CITY ATTORNEY'S OFFICE
INTER -DEPARTMENT MEMORANDUM
DATE: January 5, 2012
TO: Carlos R. Fandino, Director of Light & Power
FROM: Willard G. Yamaguchi, Chief Deputy City Attorney
RE: Tyler Technologies, Inc.
I have received and reviewed the Memorandum dated January 4, 2012, and
the attachments thereto.
Amendment No. 7 to the agreement for financial software maintenance is
approved as to form.
WY:em
Enclosures