Loading...
HomeMy WebLinkAbout2023-126-E-IT Dept-Tyler Technologies-Licenses and technical support for Energov application 1 AMENDMENT This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and Orange County, North Carolina, with offices at 131 West Margaret Lane, Suite 300, Hillsborough, North Carolina 27278 (“Client”). WHEREAS, Tyler and Client are parties to an agreement dated February 16, 2016 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein. NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows: 1. iG Workforce Mobile. a. Fourteen (14) iG Workforce Mobile licenses are hereby removed from the Agreement as of April 1, 2023. b. In recognition of maintenance fees paid to Tyler for such licenses for the period April 1, 2023 – June 30, 2023, Tyler hereby issues to Client a credit of $680.69, plus sales tax. Client may apply such credit, in its discretion, to any fees due to Tyler under the Agreement. This Amendment, upon execution, shall serve as Client’s documentation for the credit issued (the executed Amendment is your credit invoice from Tyler). 2. Additional Licenses and Services. a. The items set forth in the sales quotation attached as Exhibit 1 to this Amendment are hereby added to the Agreement as of the Amendment Effective Date. Payment of fees and costs for such items shall conform to the following terms: i. License Fees. License fees will be invoiced on the date when Tyler provides the Client with access to the applicable Tyler Software (the “Software Access Date”). ii. Maintenance Fees. Year 1 annual maintenance and support fees, prorated for a time period commencing on the Software Access Date and ending at the same time as the end of the then-current annual maintenance term for the Tyler Software already licensed under the Agreement, are due on the Software Access Date. Subsequent annual maintenance fees will be invoiced in accord with the Agreement. iii. Annual Services Fees. Year 1 annual services fees, prorated for a time period commencing on the Amendment Effective Date and ending June 30, 2023, are due on the Amendment Effective Date. Subsequent annual services fees will be invoiced in accord with the Agreement. 3. This Amendment shall be governed by and construed in accordance with the terms and DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D 2 conditions of the Agreement. 4. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below. Tyler Technologies, Inc. Orange County, North Carolina By: By: Name: Name: Title: Title: Date: Date: DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D Rob Kennedy-Jensen 3/17/2023 Group General Counsel 3/17/2023 Bonnie Hammersley County Manager Exhibit 1 3 Exhibit 1 Investment Summary The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D 2023-387601-F1N5M5 Page 1 Quoted By:Josh McKelvey Quote Expiration:8/13/23 Quote Name: EPL On Prem Users, Virtual Labs, TSM for EPL Sales Quotation For: Orange County PO Box 8181 Hillsborough NC 27278-8181 Phone: +1 (919) 732-8181 Tyler Software Description License Users/Units Module Total Year One Maintenance Enterprise Permitting & Licensing Core Software Community Development Suite - Per User $ 2,999 1 $ 2,999 $ 600 Enterprise Permitting & Licensing View Only Licenses (All Suites)$ 699 1 $ 699 $ 140 TOTAL $ 3,698 $ 740 Tyler Annual Services Descripton Users/Units Annual Fee Recurring Services Systems Management 1 $ 14,150 Virtual Labs 1 $ 12,000 DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D 2023-387601-F1N5M5 Page 2 TOTAL:$ 26,150 Summary One Time Fees Recurring Fees Total License Fees $ 3,698 $ 740 Total Services $ 0 $ 26,150 Total Third-Party Hardware, Software, Services $ 0 $ 0 Summary Total 3,698 $ 26,890 Contract Total $ 30,588 DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D 2023-387601-F1N5M5 Page 3 Comments Proposal Includes: Community Development Suite - 1 Named User View Only (All Suites) - 1 Named User Virtual Labs - Site Access to EPL Virtual Training Labs Systems Management for EPL - Orange County purchased a TSM Subscription for EERP with their original EERP Contract (fka Munis), but never updated the contracted subscription to cover EPL when EPL was added (fka EnerGov). Subscription includes - assistance with managing On Prem EPL hardware upon request; also includes access to weekend PROD upgrades on the 2nd Saturday of each month (first come, first server basis), and covers the cost of a Server Migration every 2 years. With the execution of this proposal and the signature of a DoM form to remove existing Workforce Mobile Users, Orange County, NC is entitled to the following EPL Software Licenses: Community Development Suite - 64 Named Users (increase of 1) View Only (All Suites) - 6 Named Users (increase of 1) Workforce Mobile - 28 Named Users (decrease of 14) DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Tyler Technologies, Inc Party/Vendor Contact Person: Robert Kennedy-Jensen Contact Phone: 800-772-2260 Party/Vendor Address: One Tyler Drive City Yarmouth State: ME Zip: 04096 Department: IT Amount: $30,588.00 Purpose: Licenses and technical support for Energov application Budget Code(s): 10315020-625010 Vendor # 48822 (N/A if new vendor) Vendor is a BOCC consultant? Yes NoX Contract Type: (Check one) New Renewal Amendment X Effective Date 16 March 2023 Approved by Board Yes NoX Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state wo rk on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmatio n. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D 3/17/2023 3/17/2023 3/17/2023 3/17/2023 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY E 1,000,000 10 UEN DL0437 NYC-011561449-01 1,000,000 25,000,000 X 27120 25,000,000 N X04/01/2022 Hartford Casualty Insurance Company 1 04/01/2023 12/17/2021 11000 04/01/2023 Finn.Davis@marsh.com 10 UEN DI9897 Professional Liability D 2,000,000 1,000,000 11515 Trumbull Insurance Company 1,000,000 X C X 02/22/2023 04/01/2022 5,000,000 Orange County, NC is included as additional insured where required by written contract with respect to General Liability and Auto Liability. X 131 West Margaret Lane, Suite 300 Hillsborough, NC 27278 Orange County, NC Sentinel Insurance Company 10,000 A QBE Specialty Insurance Company CN102891976-TTI-GAWX+-22-23 Limit 10,000 04/01/2023 1,000,000 10 XHU DL0102 Cyber Protection 2,000,000 19682 300,000 1,000,000 06/17/2023 10WBAK8AGK 99 HIGH STREET MARSH USA, INC. X BOSTON, MA 02110 5101 Tennyson Parkway Tyler Technologies, Inc. Plano, TX 75024 X X 130001996 04/01/2022 Attn: Information Technologies 04/01/2022 B Finn Davis 04/01/2023 29424 (617) 999-7893 Hartford Fire Insurance Co DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: Per Claim and Aggregate Limit: $5,000,000 � Ransomware: 2,500,000� 22 $5,000,000 xs $5,000,000� � Boston � insured.� Excess Cyber Protection:� � �� �� The Professional Liability/Cyber policies evidenced contain Self Insured Retentions to various perils covered. If you would like additional information regarding these sublimits or deductibles, please contact the � Certificate of Liability Insurance CN102891976 Carrier: Munich Re Syndicate Limited� Eff/Exp dates: 12/17/2021 - 06/17/2023 � Business Interruption: $2,500,000� �� MARSH USA, INC.� 5101 Tennyson Parkway� Tyler Technologies, Inc.� Plano, TX 75024 25 Policy Number: B0509FINPY2150857 � DocuSign Envelope ID: F2130AE2-FA5F-4AE3-BFC3-4AD5CE25377D