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LICENSE AND SERVICES AGREEMENT
WHEREAS,Client is a member of the National Joint Powers Alliance("NJPA")under member number 6591.
WHEREAS,Tyler participated in the competitive bid process in response to NJPA's RFP#110515 by submitting a
proposal,on which NJPA awarded Tyler an NJPA contract, numbered 110515-TTI(hereinafter,the"NJPA
Contract");
WHEREAS,documentation of the NJPA's competitive bid process,as well as Tyler's contract with and pricing
information for the NJPA is available at http://www.njpacoop.org/cooperative-purchasing/contracts-
general/technology-security-commmunication-solutions/110515-tti/;and
WHEREAS Client desires to purchase off the NJPA contract to procure Brazos public safety software functionality
from Tyler,which Tyler agrees to deliver pursuant to the NJPA contract and under the terms and conditions set
forth below;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this
Agreement,Tyler and Client agree as follows:
SECTION A—DEFINITIONS
• "Agreement"means this License and Services Agreement.
• "Business Travel Policy"means our business travel policy. A copy of our current Business Travel Policy
is attached as Schedule 1 to Exhibit B.
• "Client" means City of Fort Worth,TX.
• "Defect"means a failure of the Tyler Software to substantially conform to the functional descriptions
set forth in our written proposal to you,or their functional equivalent. Future functionality may be
updated, modified,or otherwise enhanced through our maintenance and support services,and the
governing functional descriptions for such future functionality will be set forth in our then-current
Documentation.
• "Developer"means a third party who owns the intellectual property rights to Third Party Software.
• "Documentation" means any online or written documentation related to the use or functionality of the
Tyler Software that we provide or otherwise make available to you, including instructions, user guides,
manuals and other training or self-help documentation.
• "Effective Date" means the date on which your authorized representative signs the Agreement.
• "Force Majeure"means an event beyond the reasonable control of you or us, including,without
limitation,governmental action, war, riot or civil commotion,fire, natural disaster,or any other cause
that could not with reasonable diligence be foreseen or prevented by you or us.
• "Investment Summary" means the agreed upon cost proposal for the software,products,and services
attached as Exhibit A.
• "Invoicing and Payment Policy"means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• "Maintenance and Support Agreement"means the terms and conditions governing the provision of
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maintenance and support services to all of our customers. A copy of our current Maintenance and
Support Agreement is attached as Exhibit C.
• "Statement of Work" means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software,and outlining your and our roles
and responsibilities in connection with that implementation. The Statement of Work is attached as
Exhibit D.
• "Support Call Process"means the support call process applicable to all of our customers who have
licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to
Exhibit C.
• "Third Party Terms"means, if any,the end user license agreement(s)or similar terms for the Third Party
Software, as applicable.
• "Third Party Hardware"means the third party hardware, if any, identified in the Investment Summary.
• "Third Party Products" means the Third Party Software and Third Party Hardware.
• "Third Party Software" means the third party software, if any, identified in the Investment Summary.
• "Tyler"means Tyler Technologies, Inc., a Delaware corporation.
• "Tyler Software"means our proprietary software, including any integrations,custom modifications,
and/or other related interfaces identified in the Investment Summary and licensed by us to you through
this Agreement.
• "we","us","our"and similar terms mean Tyler.
• "you"and similar terms mean Client.
SECTION B—SOFTWARE LICENSE
1. License Grant and Restrictions.
1.1 We grant to you a license to use the Tyler Software,for the number of licenses identified in the
Investment Summary,for your internal business purposes only, in the scope of the internal business
purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup
and testing purposes,so long as such copies are not used in production and the testing is for internal
use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply
with the terms of this Agreement. You may add additional licenses at the rates set forth in the
Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed
addendum. If no rate is provided in the Investment Summary,or those twelve(12) months have
expired,you may purchase additional licenses at our then-current list price,also by executing a mutually
agreed addendum.
1.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-
commercial reference purposes only.
1.3 You may not: (a)transfer or assign the Tyler Software to a third party; (b) reverse engineer,decompile,
or disassemble the Tyler Software; (c) rent, lease, lend,or provide commercial hosting services with the
Tyler Software;or(d) publish or otherwise disclose the Tyler Software or Documentation to third
parties.
1.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or
make available to you through your Maintenance and Support Agreement.
1.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license.
You will give us advance written notice of any such transfer and will pay us for any required or
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requested technical assistance from us associated with such transfer.
1.6 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and
Documentation are protected by copyright and other intellectual property laws and treaties. We own
the title,copyright, and other intellectual property rights in the Tyler Software and the Documentation.
The Tyler Software is licensed,not sold.
2. License Fees. You agree to pay us the license fees in the amounts set forth in the Investment Summary.
Those amounts are payable in accordance with our Invoicing and Payment Policy.
3. Escrow. We maintain an escrow agreement with a third party under which we place the source code for
each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by
completing a standard beneficiary enrollment form and paying the annual beneficiary fee set forth in the
Investment Summary. You will be responsible for maintaining your ongoing status as a beneficiary, including
payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is
strictly governed by the terms of the escrow agreement.
4. Limited Warranty. We warrant that the Tyler Software will be without Defect(s)as long as you have a
Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted,we will
use all reasonable efforts,consistent with industry standards,to cure the Defect as set forth in the
Maintenance and Support Agreement.
SECTION C—PROFESSIONAL SERVICES
1. Services. We will provide you the various implementation-related services itemized in the Investment
Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the
Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.
You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of
time and materials required for your implementation. We will bill you the actual fees incurred based on the
in-scope services provided to you. Any discrepancies in the total values set forth in the Investment
Summary will be resolved by multiplying the applicable hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains,and the Statement of Work describes,the scope of
services and related costs(including programming and/or interface estimates) required for the project
based on our understanding of the specifications you supplied. If additional work is required,or if you use
or request additional services,we will provide you with an addendum or change order,as applicable,
outlining the costs for the additional work. The price quotes in the addendum or change order will be valid
for thirty(30)days from the date of the quote.
4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel
reservations, at least two(2)weeks in advance of commitments. Therefore, if you cancel services less than
two(2)weeks in advance(other than for Force Majeure or breach by us),you will be liable for all(a) non-
refundable expenses incurred by us on your behalf,and (b)daily fees associated with cancelled professional
services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign
personnel in the event you cancel within two(2)weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional,workmanlike manner,consistent with
industry standards. In the event we provide services that do not conform to this warranty,we will re-
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perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us,you agree to provide us with full and free access to your
personnel,facilities,and equipment as may be reasonably necessary for us to provide implementation
services,subject to any reasonable security protocols or other written policies provided to us as of the
Effective Date,and thereafter as mutually agreed to by you and us. You further agree to provide a
reasonably suitable environment, location,and space for the installation of the Tyler Software and any Third
Party Products, including,without limitation,sufficient electrical circuits,cables,and other reasonably
necessary items required for the installation and operation of the Tyler Software and any Third Party
Products.
7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process
requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate
with and assist us as may be reasonably required to meet the agreed upon project deadlines and other
milestones for implementation. This cooperation includes at least working with us to schedule the
implementation-related services outlined in this Agreement. We will not be liable for failure to meet any
deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to
provide such cooperation and assistance(either through action or omission).
SECTION D—MAINTENANCE AND SUPPORT
This Agreement includes the period of free maintenance and support services identified in the Invoicing and
Payment Policy. If you have purchased ongoing maintenance and support services,and continue to make
timely payments for them according to our Invoicing and Payment Policy,we will provide you with
maintenance and support services for the Tyler Software under the terms of our standard Maintenance and
Support Agreement.
If you have opted not to purchase ongoing maintenance and support services for the Tyler Software,the
Maintenance and Support Agreement does not apply to you. Instead,you will only receive ongoing
maintenance and support on the Tyler Software on a time and materials basis. In addition,you will:
(i) receive the lowest priority under our Support Call Process;
(ii) be required to purchase new releases of the Tyler Software, including fixes,enhancements and
patches;
(iii) be charged our then-current rates for support services,or such other rates that we may
consider necessary to account for your lack of ongoing training on the Tyler Software;
(iv) be charged for a minimum of two(2) hours of support services for every support call;and
(v) not be granted access to the support website for the Tyler Software or the Tyler Community
Forum.
SECTION E—THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary,the following terms and
conditions will apply:
1. Third Party Hardware. We will sell,deliver,and install onsite the Third Party Hardware, if you have
purchased any,for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
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2. Third Party Software. Upon payment in full of the Third Party Software license fees,you will receive a non-
transferable license to use the Third Party Software and related documentation for your internal business
purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms.
2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in
the Investment Summary.
2.2 If the Developer charges a fee for future updates, releases,or other enhancements to the Third Party
Software,you will be required to pay such additional future fee.
2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the
Developer. You will give us advance written notice of any such transfer and will pay us for any required
or requested technical assistance from us associated with such transfer.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full,you will receive free and
clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or
guarantee the performance of the Third Party Products. However,we grant and pass through to you
any warranty that we may receive from the Developer or supplier of the Third Party Products.
4. Maintenance. If you have a Maintenance and Support Agreement in effect,you may report defects and
other issues related to the Third Party Software directly to us, and we will(a)directly address the defect or
issue,to the extent it relates to our interface with the Third Party Software; and/or(b)facilitate resolution
with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement
in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in
effect with us,you will be responsible for resolving defects and other issues related to the Third Party
Software directly with the Developer.
SECTION F—INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicins and Payment. We will invoice you for all fees set forth in the Investment Summary per our
Invoicing and Payment Policy,subject to Section F(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this
Agreement,you will provide us with written notice within thirty(30)days of your receipt of the applicable
invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that
we can confirm the issue and respond to your notice with either a justification of the invoice,an adjustment
to the invoice,or a proposal addressing the issues presented in your notice. We will work with you as may
be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve
any issues presented in your notice. You may withhold payment of the amount(s)actually in dispute,and
only those amounts, until we complete the action items outlined in the plan. If we are unable to complete
the action items outlined in the action plan because of your failure to complete the items agreed to be done
by you,then you will remit full payment of the invoice. We reserve the right to suspend delivery of all
services, including maintenance and support services,if you fail to pay an invoice not disputed as described
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above within fifteen(15)days of notice of our intent to do so.
SECTION G—TERMINATION
1. For Cause. If you believe we have materially breached this Agreement,you will invoke the Dispute
Resolution clause set forth in Section 1(3). You may terminate this Agreement for cause in the event we do
not cure,or create a mutually agreeable action plan to address, a material breach of this Agreement within
the thirty(30)day window set forth in Section 1(3). In the event of termination for cause,you will pay us for
all undisputed fees and expenses related to the software, products,and/or services you have received,or
we have incurred or delivered, prior to the effective date of termination.
2. Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase,
lease,operate, or maintain the software or services set forth in this Agreement,you may unilaterally
terminate this Agreement effective on the final day of the fiscal year through which you have funding. You
will make every effort to give us at least thirty(30)days written notice prior to a termination for lack of
appropriations. In the event of termination due to a lack of appropriations,you will pay us for all
undisputed fees and expenses related to the software and/or services you have received,or we have
incurred or delivered,prior to the effective date of termination. Any disputed fees and expenses must have
been submitted to the Invoice Dispute process set forth in Section F(2)at the time of termination in order to
be withheld at termination. You will not be entitled to a refund or offset of previously paid license and
other fees.
3. Force Majeure. Except for your payment obligations,either you or we may terminate this Agreement if a
Force Majeure event suspends performance of scheduled tasks for a period of forty-five(45)days or more.
In the event of termination due to Force Majeure,you will pay us for all undisputed fees and expenses
related to the software and/or services you have received,or we have incurred or delivered, prior to the
effective date of termination. Any disputed fees and expenses must have been submitted to the Invoice
Dispute process set forth in Section F(2)at the time of termination in order to be withheld at termination.
You will not be entitled to a refund or offset of previously paid license and other fees.
SECTION H—INDEMNIFICATION,LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s)that the Tyler Software or Documentation infringes
that third party's patent,copyright,or trademark,or misappropriates its trade secrets,and will pay the
amount of any resulting adverse final judgment(or settlement to which we consent). You must notify us
promptly in writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance,cooperation,and information in defending the claim at our
expense.
1.2 Our obligations under this Section H(1)will not apply to the extent the claim or adverse final judgment is
based on your: (a)use of a previous version of the Tyler Software and the claim would have been
avoided had you installed and used the current version of the Tyler Software,and we provided notice of
that requirement to you; (b)combining the Tyler Software with any product or device not provided,
contemplated,or approved by us;(c)altering or modifying the Tyler Software, including any
modification by third parties at your direction or otherwise permitted by you; (d)use of the Tyler
Software in contradiction of this Agreement, including with non-licensed third parties;or(e)willful
infringement,including use of the Tyler Software after we notify you to discontinue use due to such a
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claim.
1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler
Software,we may,at our expense and without obligation to do so,either:(a) procure for you the right
to continue its use;(b) modify it to make it non-infringing;or(c) replace it with a functional equivalent,
in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively,
we may decide to litigate the claim to judgment,in which case you may continue to use the Tyler
Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is
enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment(or
settlement to which we consent),we will,at our option,either: (a)procure the right to continue its use;
(b) modify it to make it non-infringing; (c) replace it with a functional equivalent;or(d)terminate your
license and refund the license fees paid for the infringing Tyler Software,as depreciated on a straight-
line basis measured over seven(7)years from the Effective Date. We will pursue those options in the
order listed herein. This section provides your exclusive remedy for third party copyright, patent,or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents,officials,and employees from and against any
and all third-party claims, losses, liabilities,damages,costs, and expenses(including reasonable
attorney's fees and costs)for(a) personal injury or property damage to the extent caused by our
negligence or willful misconduct;or(b)our violation of a law applicable to our performance under this
Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense
or settlement. You agree to provide us with reasonable assistance,cooperation,and information in
defending the claim at our expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,WE HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS,WHETHER EXPRESS,IMPLIED,OR STATUTORY,INCLUDING,BUT NOT LIMITED TO,ANY
IMPLIED WARRANTIES,DUTIES,OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,OUR
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT,WHETHER BASED ON A THEORY OF
CONTRACT OR TORT,INCLUDING NEGLIGENCE AND STRICT LIABILITY,SHALL BE LIMITED TO YOUR ACTUAL
DIRECT DAMAGES,NOT TO EXCEED(A) PRIOR TO FORMAL TRANSITION TO MAINTENANCE AND SUPPORT,
THE TOTAL ONE-TIME FEES SET FORTH IN THE INVESTMENT SUMMARY;OR(B)AFTER FORMAL
TRANSITION TO MAINTENANCE AND SUPPORT,THE THEN-CURRENT ANNUAL MAINTENANCE AND
SUPPORT FEE. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION
OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT
TO SECTIONS H(1)AND H(2).
S. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,IN NO
EVENT SHALL WE BE LIABLE FOR ANY SPECIAL,INCIDENTAL,PUNITIVE,INDIRECT,OR CONSEQUENTIAL
DAMAGES WHATSOEVER,EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement,we agree to maintain the
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following levels of insurance: (a) Commercial General Liability of at least$1,000,000; (b)Automobile Liability
of at least$1,000,000; (c) Professional Liability of at least$1,000,000; (d)Workers Compensation complying
with applicable statutory requirements;and (e) Excess/Umbrella Liability of at least$5,000,000. We will add
you as an additional insured to our Commercial General Liability and Automobile Liability policies,which will
automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will
provide you with copies of certificates of insurance upon your written request.
Tyler will also provide the following:
1. The workers' compensation policy shall include a Waiver of Subrogation(Right of Recovery) in favor of
the City of Fort Worth.
2. A minimum of Thirty (30) days' notice of cancellation of coverage shall be provided to the City. Ten
(10)days' notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the
Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth,Texas 76102, with copies to the City
Attorney at the same address.
3. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All
insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have
reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the
rating is below that required,written approval of Risk Management is required.
4. Any failure on the part of the City to request required insurance documentation shall not constitute a
waiver of the insurance requirement.
5. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be
delivered to and approved by the City's Risk Management Division within 10 days following execution
of this Agreement.
SECTION I—GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth
in the Investment Summary for twelve(12) months from the Effective Date,and thereafter at our then-
current list price, by executing a mutually agreed addendum. if no rate is provided in the Investment
Summary,or those twelve(12)months have expired,you may purchase additional products and services at
our then-current list price,also by executing a mutually agreed addendum. The terms of this Agreement will
control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid
for twelve(12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty(30)days of becoming aware
of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if
requested by either party,appointing a senior representative to meet and engage in good faith negotiations
with our appointed senior representative. Senior representatives will convene within thirty(30)days of the
written dispute notice, unless otherwise agreed. All meetings and discussions between senior
representatives will be deemed confidential settlement discussions not subject to disclosure under Federal
Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall
prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including,without limitation,sales,
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use,or excise tax. If you are a tax-exempt entity,you agree to provide us with a tax-exempt certificate.
Otherwise,we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes.
If you have a valid direct-pay permit,you agree to provide us with a copy. For clarity,we are responsible for
paying our income taxes, both federal and state,as applicable,arising from our performance of this
Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment
concerning the performance of our responsibilities under this Agreement. This discrimination prohibition
will apply to all matters of initial employment,tenure,and terms of employment,or otherwise with respect
to any matter directly or indirectly relating to employment concerning race, color, religion, national origin,
age,sex,sexual orientation,ancestry,disability that is unrelated to the individual's ability to perform the
duties of a particular job or position, height,weight, marital status,or political affiliation. We will post,
where appropriate,all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied,and will comply,with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written
consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on,and shall be for the benefit of, either
your or our successor(s)or permitted assign(s). Neither party may assign this Agreement without the prior
written consent of the other party; provided,however,your consent is not required for an assignment by us
as a result of a corporate reorganization, merger,acquisition,or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations,neither party will be liable for delays in performing its
obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided,
however,that within ten (10) business days of the Force Majeure event,the party whose performance is
delayed provides the other party with written notice explaining the cause and extent thereof,as well as a
request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us.
No third party will be deemed a beneficiary of this Agreement,and no third party will have the right to make
any claim or assert any right under this Agreement. This provision does not affect the rights of third parties
under any Third Party Terms.
11. Entire Agreement;Amendment. This Agreement represents the entire agreement between you and us with
respect to the subject matter hereof,and supersedes any prior agreements, understandings, and
representations,whether written,oral, expressed,implied,or statutory. Purchase orders submitted by you,
if any,are for your internal administrative purposes only,and the terms and conditions contained in those
purchase orders will have no force or effect.This Agreement may only be modified by a written amendment
signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable,the remainder of
this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either
party,such non-enforcement will not act as or be deemed to act as a waiver or modification of this
Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this
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Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement,such as notice of
an alleged material breach for a termination for cause or a dispute that must be submitted to dispute
resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a)actual
receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an
employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery;or(d) if not
actually received,five(5)days after deposit with the United States Postal Service authorized mail center
with proper postage(certified mail, return receipt requested)affixed and addressed to the other party at
the address set forth on the signature page hereto or such other address as the party may have designated
by proper notice. The consequences for the failure to receive a notice due to improper notification by the
intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations,and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of such
information could violate rights to private individuals and entities, including the parties. Confidential
information is nonpublic information that a reasonable person would believe to be confidential and
includes,without limitation, personal identifying information (e.g.,social security numbers)and trade
secrets,each as defined by applicable state law. Each party agrees that it will not disclose any confidential
information of the other party and further agrees to take all reasonable and appropriate action to prevent
such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the
termination or cancellation of this Agreement. This obligation of confidentiality will not apply to
information that:
(a) is in the public domain,either at the time of disclosure or afterwards,except by breach of this
Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party;or
(d) is the subject of a legitimate disclosure request under the open records laws or similar applicable
public disclosure laws governing this Agreement; provided, however,that in the event you receive
an open records or other similar applicable request,you will give us prompt notice and otherwise
perform the functions required by applicable law.
18. Business License. In the event a local business license is required for us to perform services hereunder,you
will promptly notify us and provide us with the necessary paperwork and/or contact information so that we
may timely obtain such license.
19. Governmental Powers.It is understood and agreed that by execution of this Agreement,the City does not
waive or surrender any of its governmental powers.
20. No Waiver.The failure of the City or Tyler to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Tyler's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
Page 10 of 57
21. Governing Law and Venue.This Agreement shall be construed in accordance with the laws of the State of
Texas. If any action,whether real or asserted,at law or in equity, is brought on the basis of this Agreement,
venue for such action shall lie in state courts located in Tarrant County,Texas or the United States District
Court for the Northern District of Texas,Fort Worth Division.
22. Reporting Requirements.
For purposes of this section,the words below shall have the following meaning:
Child shall mean a person under the age of 18 years of age.
Child pornography means an image of a child engaging in sexual conduct or sexual performance as defined by
Section 43.25 of the Texas Penal Code.
Computer means an electronic,magnetic, optical,electrochemical,or other high-speed data processing device that
performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and
includes all input, output, processing, storage, or communication facilities that are connected or related to the
device.
Computer technician means an individual who, in the course and scope of employment or business, installs,
repairs, or otherwise services a computer for a fee. This shall include installation of software, hardware, and
maintenance services.
If Tyler meets the definition of Computer Technician as defined herein, and while providing services pursuant to
this Agreement,views an image on a computer that is or appears to be child pornography,Tyler shall immediately
report the discovery of the image to the City and to a local or state law enforcement agency or the Cyber Tip Line
at the National Center for Missing and Exploited Children. The report must include the name and address of the
owner or person claiming a right to possession of the computer, if known, and as permitted by law. Failure by
Consultant to make the report required herein may result in criminal and/or civil penalties.
23. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals,any of
which will be independently treated as an original document. Any electronic,faxed,scanned, photocopied,
or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original
signature and will be fully enforceable as if an original signature. Each party represents to the other that the
signatory set forth below is duly authorized to bind that party to this Agreement.
24. Cooperative Procurement. To the maximum extent permitted by applicable law,we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right
to negotiate and customize the terms and conditions set forth herein,including but not limited to pricing,to
the scope and circumstances of that cooperative procurement.
25. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Maintenance and Support Agreement
Page 11 of 57
Schedule 1:Support Call Process
Exhibit D Statement of Work
Exhibit E Network Access Agreement
Exhibit F Verification of Signature Authority
IN WITNESS WHEREOF,a duly authorized representative of each party has executed this Agreement as of the
date(s)set forth below.
Tyler Techn logies, Inc. City of Fort Worth,TX
By: _ By:
ZName: Bret Dixon Name: Susan Alanis
Title: President,Justice Group,Tyler Technologies Title: Assistant City Manager
Date: Date: hl 101 n
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of Fort Worth
One Tyler Drive 200 Texas Street
Yarmouth, ME 04096 Fort Worth,TX 76102-6311
Attention: Chief Legal Officer Attn: City Attorney
'Twrg
Fo�n'1 la95 �
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APPROVED AS TO FORK!AND LUG AL;T,;
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Page 12 of 57 FT'WORTH
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
v
eve Streiffert
�Zjzr17
IT Solutions, Assistant Director
Page 13 of 57
Proposal prepared in accordance with NJPA Contract#: 110515-TTI
••::i. tyler
echnolop_ies
Exhibit A
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.
Capitalized terms not otherwise defined will have the meaning assigned to such terms in the
Agreement.
[Remainder of page is intentionally left blank.]
Page 14 of 57
Proposal prepared in accordance with NJPA Contract#: 110515-.TTI
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Fart W.rik TX 76102-6311 Fert Worth TX 7610-1-6314
Software
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INTERFACE=Local Database-(locally created system) I'D $3,000.00 $3,000.00 5840.00
INTERFACE:CMS-Jounal 1.0 $8,789.00 58,78900 $2,460.92
TASK ePalsstg(SWdmdPeri tg) 1.0 $1,500.00 S1,500_00 $420.00
TASK LwVusge Translation 2.0 $500.00 $1.000.00 5280.00
INTERFACE:Natien5ca0on-Active Directory 1.0 $0-00 $0.00 $0.00
LIC:RFFLicese-PDA 150.0 $630.00 S94,500.00 528,480.00
LIC:Real Tme 0uery-Message Switch-MDC,TABLET at PDA 100.0 $200.00 520,000.00 $20,000.00
LIC.Loci Ys4t9sd(nori4mtad)Brazos AWketion Suver 1.0 $29,297.00 $29,297.00 $8,203.16
Total: $169,086.00 969,994.09
Professional Services
e •
SERVICE:Ser Up 8 Configuration 10 $25.313-00 525,313.00
SERVICE:PmjeclMarogernertt 6.0 $1,DWDD $0,000.00
TMFMW SWKimd Tra-TtwTrow 4.0 $1.000.00 $4,000.00
Total: $56,317.00 $0.00
Third-pvW Hardware and Software
CF-LNDDC120 Panasonic,Acc-HH,Nt,Vehicle charger- 150A S12546 518,819.00
cigarette adapter
FZ-NIABCAZZM Panasonic,HH,N1,Wdets and voice 150.0 51 93.37 $194AW50
FZ-VEBN121M Patrmsonic,Ate-F1H,N7,4 Bay Cradle 5.0 5710.02 $3,550.10
FZ-VZSl1N120U Panasonic,Acc-HH,N1,Battery,Long L9e 150.0 $120.50 $18,075.00
CF-AA6373AM Panasonic,Acc-HH,NI,X1,Single Chaga 150.0 $47.80 $7,170.00
FZ-VSTNI IU Panasonic,Acc-HH,N1,Had Strep 150.0 $35.22 $5,283.00
FZSVCTPW3Y Panasonic,Warranty,Toughpad,3 yea 150.0 5230.78 $34,614.00
P1063408-031 Zebra,Acc Rima,20520,Vehicle am" 150A $29.82 $4,473.00
P1031365-024 Zebra,Acc-Pritter,20500,Wall CherW 150.0 $43.08 $6,462.00
2052-AUEODOD-00 Zebra,Printer,20520 150.0 $587.78 $88,167.00
Total: $590,619.90
Summary One Time Fees Recurring Fees
Tata)Tyler SdTwore 5758,096.00 $58,884.08
Tafel Tyler Seances $35,313.00 50.00
Total Hardware $380,818.00
Tata)TOM 50.00
contract Total $674,017.60
Page 15 of 57
Proposal prepared in accordance with NJPA Contract#: 110515-7T1
•• Qrorcd lay. R®baiyGMM
46�*. tyler Qaae E%pvaeim 6630,2017
tedxiobgies
QOMNOM: Fm Wath Code Compliance
Qaore Nomber: QUO91520-DUY2
Qsoa Desmpuoa: v2-PAPA Cmarm 110515-M City Of Fm Wady
Code CarglMCA
Sales Qanratios For
City drat Wash
Sbippiag Address BMWs gess
1000 77rockmasroa Sr 1000 Throdmonm S1
Fat Words,TX 76102.6311 Fan War*.TX 761026311
Sollrraro
LIC:REF License-MDC or TABLET 30.0 583D.00 18,900.00 55292.00
TASK:Code Enforcement 1.0 $5,625.00 $5,625.00 $1,575.00
Total: $24,525.00 $6,$87.00
Professional Services
SERVICE:Set Up d Configwabon 1.0 16.875.00 16,875.00
SERVICE:Pmjert Maregement 3.0 S1,DDD.DO 53,000.00
Trevi¢Stardord Train-The-Traver 2.0 S7,0D0.00 $2,000.00
Total: $21,876.00 $0.00
Third-potty Hardwre and 8oftwars
SERVICE:Set Up Fees-T4d Party Hardware SERVICE.Set 1p Fess-TtWrd Party Hardware 60.0 550.00 000.00
Total: $3,000.00
Summary One Time Fees Recurring Fees
Told Tyler SdMWe $24,525.00 56,867.00
Tolat Tyler Services $21,875.00 50.00
Total Hardware $3,000.00
Tom Taxes $0.00
Contrail Total 549,400.00
Page 16 of 57
Proposal prepared in accordance with NJPA Contract#: 110515-7T1
• Quoted W: i�r C"=
•'•. tyler Qum : 6902017
technologies Qt Namr: Fon Worth Parlmg Eofac MW
QumNumher: QU"147122MIC3
Qum Dewriptiw: N3PACamact110515-TTL City of Fon War&
Padang F-aforcemem
Saks Qngtim Far
Cate ofFon Wook
SiipPing Address BkB'ug Addrns
1000 Ti mekmatan it 1000 Tkrock onea Sr
Fat Wath TX 76102.6311 Fort Wath TX 76102.6311
software
LIC:REF License-PDA 8.0 $630.00 55,040.00 S1,4111.201
TASK:eChe&(for Perking) 1.0 $3,000.00 53.000.00 $0.00
TASK:el arki g(Standard Perking) 1.0 511500.00 57,500.00 50.00
TASK:ScoflVaw/Bool List 1.0 $3,000.00 53,000-00 50.00
Total: $12,640.00 $1,41110
Protenionaf Servic"
SERVICE:Set tip d Configuration 1.0 $0,000.00 $9,000.00
SERVICE PiojedMenegement 3.0 51,000.00 53,000.00
Trairng:Standard Train-The-Trainer 2.0 57,000.00 $2,000.00
So"for Registered Omer Service 1.0 51,200.00 $1,200.00
Total: $16,261.06 $0.00
TMrd.pnty Hardware and Software
FZ-VSTNI IU Nnigsonic,Acc-HH,N7,Hend Strap &0 535.22 281.76
FZ-VZSUN12OU Panasonic,Acc-HH,N1,Baroalr,Long Life 8.0 $120.50 $984.00
FZ-VCBN121M Periesmic,Acc-IH,N1,4 Bey Balary Charger 2.0 $416.47 1832.94
FZ-VEBN121M Panasonic,AccHH,N1,4 Bey Cradle 2.0 $710.02 57,420.04
FZ-NIABCAZZM Panasonic,HH,N1,wA*M and voice 8.0 $7,293.37 510,346.98
FZSYCTPNFSY Panasonic,Ware ly,Touglped,3 yea 8.0 $230.76 $1,846.08
P1031385-059 Zebra,Acc-Primer,Z0520,BOM 8.0 $83.73 5509.84
AC181775 Zahn A=4"nW,ZQ5001RW QUAD Battery, 2.0 $302.48 1604.96
CAager
P1051921 Zebra,Acc-Ptitla,AM,Shoulder Strep 8.0 58.68 $89.44
7052-1U1E000D-00 Zebra,Printer,20520 8.0 $587.78 54,702.24
Total: 121,678.26
Summary One Time Fees Recurring Fees
Taal Tyler SdW me 572,540.00 51,411.20
Tinel Tyler Services 575,200.00 10.00
Tinel Hardware 521,57818
Tale)Taxes $0.00
Contract Total 549,911.26
Page 17 of 57
••:':•. ty ler
.
technolo; _
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized
terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. Tyler Software.
1.1 License Fees: License fees are invoiced as follows: (a)25%on the Effective Date;(b)60%on
the date when we make the applicable Tyler Software available to you for downloading(the
"Available Download Date");and(c) 15%on the earlier of use of the Tyler Software in live
production or 180 days after the Available Download Date..
1.2 Maintenance and Support Fees: Maintenance and support fees for the first annual term are
included in the license fees.Subsequent maintenance and support fees,at Tyler's then-
current rates,are invoiced annually in advance on the anniversary of the Effective Date.
2. Professional Services.
2.1 Implementation and Other Professional Services(including training): Implementation and
other professional services(including training)are billed and invoiced at the rates set forth
in the Investment Summary,in accordance with the milestones outlined below:
• 10%upon the Effective Date;
• 10%upon completion of the kick-off meeting;
• 30%upon completion of the agency review;
• 40%upon completion of the implementation;and
• 10%upon the earlier of final acceptance or 120 days after implementation.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services,they will be invoiced 50%upon your acceptance of
the Business System Design document, by module,and 50%upon your acceptance of
custom desktop procedures, by module. If you have purchased any Business Process
Consulting services and they are quoted as an estimate,then we will bill you the actual
services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50%upon initial delivery of the converted
data,by conversion option,and 50%upon Client acceptance to load the converted data into
Live/Production environment,by conversion option. Where conversions are quoted as
estimated,we will bill you the actual services delivered on a time and materials basis.
Page 18 of 57
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50%upon delivery of specifications and 50%upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty(30)days of delivery;otherwise,the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in the Maintenance and Support Agreement.
2.5 Other Fixed Price Services: Except as otherwise provided,other fixed price services are
invoiced upon complete delivery of the service. For the avoidance of doubt,where "Project
Planning Services"are provided,payment will be due upon delivery of the Implementation
Planning document.Dedicated Project Management services, if any,will be billed monthly in
arrears,beginning on the first day of the month immediately following the project kick-off
meeting.
2.6 Change Management Services: If you have purchased any change management services,
those services will be invoiced in the following amounts and upon the following milestones:
Acceptance of Change Management Discovery Analysis 15%
Delivery of Change Management Plan and Strategy Presentation 10%
Acceptance of Executive Playbook 15%
Acceptance of Resistance Management Plan 15%
Acceptance of Procedural Change Communications Plan 10%
Change Management Coach Training 20%
Change Management After-Action Review 15%
3. Third Party Products.
3.1 Third Party Software License Fees:License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance:The first year maintenance fees for the Third Party
Software, if any, is invoiced when we make that Third Party Software available to you for
downloading.
3.3 Third Party Hardware:Third Party Hardware costs, if any, are invoiced upon delivery.
4. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses will be billed as incurred and only in accordance with our then-current Business Travel
Policy, plus a 10%travel agency processing fee. Travel Expenses for the in-scope services as
shown in the Investment Summary shall not exceed$10,000.Our current Business Travel Policy
is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request;we
reserve the right to charge you an administrative fee depending on the extent of your requests.
Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
Page 19 of 57
Payment. Payment for undisputed invoices is due within forty-five(45)days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is:
Bank: Wells Fargo Bank, N.A.
420 Montgomery
San Francisco,CA 94104
ABA: 121000248
Account: 4124302472
Beneficiary: Tyler Technologies, Inc.—Operating
Page 20 of 57
• ••� ty
ler
••i••i
tjhnologies
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations&Tickets
Tyler's Travel Management Company(TMC)will provide an employee with a direct flight within
two hours before or after the requested departure time,assuming that flight does not add more
than three hours to the employee's total trip duration and the fare is within$100(each way)of
the lowest logical fare. If a net savings of$200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee's total trip duration,the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two(2)weeks in advance of commitments. A seven day advance booking requirement is
mandatory. When booking less than seven days in advance,management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is scheduled to
exceed six hours,only economy or coach class seating is reimbursable.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five days=one checked bag
• Six or more days=two checked bags
Baggage fees for sports equipment are not reimbursable.
2. Ground Transportation
A. Private Automobile
Mileage Allowance—Business use of an employee's private automobile will be reimbursed at the
current IRS allowable rate,plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point,in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
Page 21 of 57
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost,convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a "mid-size"or"intermediate"car. "Full"size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals;additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip(15-18%)are reimbursable. In the case of a free hotel shuttle to
the airport,tips are included in the per diem rates and will not be reimbursed separately.
D. Parking&Tolls
When parking at the airport,employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges,public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler's TMC will select hotel chains that are well established,reasonable in price,and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn,and Holiday Inn Express. If the employee has a discount rate with a local
hotel,the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
"No shows"or cancellation fees are not reimbursable if the employee does not comply with the
hotel's cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status are in accordance with the federal
per diem rates published by the General Services Administration. Incidental expenses include tips
to maids,hotel staff,and shuttle drivers and other minor travel expenses. Per diem rates are
available at www.gsa.gov/perdiem.
A. Overnight Travel
Page 22 of 57
For each full day of travel,all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Dav
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon Dinner
Return Dav
Return before 12:00 noon Breakfast
Return between 12:00 noon&7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast,lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner
The reimbursement rates for individual meals are calculated as a percentage of the full day per
diem as follows:
• Breakfast 15%
• Lunch 25%
• Dinner 50%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m.is defined as direct travel time and does not include time taken to stop for dinner
5. Internet Access—Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible.
If an employee's hotel charges for internet access it is reimbursable up to$10.00 per day. Charges
for internet access at airports are not reimbursable.
Page 23 of 57
• •:•. tyler,,-,
Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software.
Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
1. Term. We provide maintenance and support services on an annual basis. The initial term
commences on the Effective Date,and remains in effect for one (1)year. The term will renew
automatically for additional one(1)year terms unless terminated in writing by either party at least
thirty(30)days prior to the end of the then-current term. We will adjust the term to match your
first use of the Tyler Software in live production if that event precedes the one(1)year anniversary
of the Effective Date.
2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software
are listed in the Investment Summary,and your payment obligations are set forth in the Invoicing
and Payment Policy. We reserve the right to suspend maintenance and support services if you fail
to pay undisputed maintenance and support fees within thirty(30)days of our written notice. We
will reinstate maintenance and support services only if you pay all past due maintenance and
support fees, including all fees for the periods during which services were suspended.
3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for
our training services on the Tyler Software,and you timely pay your maintenance and support fees,
we will,consistent with our then-current Support Call Process:
3.1 perform our maintenance and support obligations in a professional,good,and workmanlike
manner,consistent with industry standards,to resolve Defects in the Tyler Software(limited to
the then-current version and the immediately prior version); provided, however,that if you
modify the Tyler Software without our consent,our obligation to provide maintenance and
support services on and warrant the Tyler Software will be void;
3.2 provide telephone support during our established support hours;
3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any,in order to provide maintenance and support services;
3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates
and enhancements)that we make generally available without additional charge to customers
who have a maintenance and support agreement in effect;and
3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
our then-current release life cycle policy.
4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support
Page 24 of 57
services remotely. Currently,we use a third-party secure unattended connectivity tool called
Bomgar,as well as GotoAssist by Citrix. Therefore,you agree to maintain a high-speed internet
connection capable of connecting us to your PCs and server(s). You agree to provide us with a login
account and local administrative privileges as we may reasonably require to perform remote
services. We will,at our option, use the secure connection to assist with proper diagnosis and
resolution,subject to any reasonably applicable security protocols. If we cannot resolve a support
issue remotely,we may be required to provide onsite services. In such event,we will be responsible
for our travel expenses, unless it is determined that the reason onsite support was required was a
reason outside our control. Either way,you agree to provide us with full and free access to the Tyler
Software, working space,adequate facilities within a reasonable distance from the equipment,and
use of machines,attachments,features,or other equipment reasonably necessary for us to provide
the maintenance and support services,all at no charge to us. We strongly recommend that you also
maintain a VPN for backup connectivity purposes.
5. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a
software support issue,it is discovered that one of your peripheral systems or other software is the
cause of the issue,we will notify you so that you may contact the support agency for that peripheral
system.We cannot support or maintain Third Party Products except as expressly set forth in the
Agreement.
In order for us to provide the highest level of software support,you bear the following responsibility
related to hardware and software:
(a) All infrastructure executing Tyler Software shall be managed by you;
(b) You will maintain support contracts for all non-Tyler software associated with Tyler Software
(including operating systems and database management systems, but excluding Third-Party
Software, if any);and
(c) You will perform daily database backups and verify that those backups are successful.
6. Other Excluded Services. Maintenance and support fees do not include fees for the following
services: (a) initial installation or implementation of the Tyler Software; (b)onsite maintenance and
support (unless Tyler cannot remotely correct a Defect in the Tyler Software,as set forth above);(c)
application design;(d)other consulting services;(e)maintenance and support of an operating
system or hardware, unless you are a hosted customer; (f)support outside our normal business
hours as listed in our then-current Support Call Process;or(g) installation,training services,or third
party product costs related to a new release. Requested maintenance and support services such as
those outlined in this section will be billed to you on a time and materials basis at our then current
rates. You must request those services with at least one (1)weeks' advance notice.
7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to
this Exhibit C at Schedule 1.
Page 25 of 57
•
•••'•• t ler
.,. . y
technologies
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support:
(1) Tyler Community—an on-line resource,Tyler Community provides a venue for all Tyler clients
with current maintenance agreements to collaborate with one another,share best practices and
resources,and access documentation.
(2) On-line submission (portal)—for less urgent and functionality-based questions, users may create
unlimited support incidents through the customer relationship management portal available at
the Tyler Technologies website.
(3) Email—for less urgent situations,users may submit unlimited emails directly to the software
support group.
(4) Telephone—for urgent or complex questions,users receive toll-free,unlimited telephone
software support.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website—www.tylertech.com—for accessing client tools and other information including
support contact information.
(2) Tyler Community—available through login,Tyler Community provides a venue for clients to
support one another and share best practices and resources.
(3) Knowledgebase—A fully searchable depository of thousands of documents related to
procedures,best practices,release information,and job aides.
(4) Program Updates—where development activity is made available for client consumption
Support Availability
Tyler Technologies support is available during the local business hours of S AM to 5 PM (Monday—
Friday)across four US time zones(Pacific, Mountain,Central and Eastern).Clients may receive coverage
across these time zones.Tyler's holiday schedule is outlined below.There will be no support coverage
on these days. Tyler's Brazos eCitations solutions offers 24/7 support of the product and software.
New Year's Day Thanksgiving Day
Inde-p-endence Day Christmas D.iy_ _
Labor Day
Page 26 of 57
Issue Handling
Incident Tracking
Every support incident is logged into Tyler's Customer Relationship Management System and given a
unique incident number.This system tracks the history of each incident.The incident tracking number is
used to track and reference open issues when clients contact support. Clients may track incidents, using
the incident number,through the portal at Tyler's website or by calling software support directly.
Incident Priority
Each incident is assigned a priority number,which corresponds to the client's needs and deadlines.The
client is responsible for reasonably setting the priority of the incident per the chart below.This chart is
not intended to address every type of support incident, and certain "characteristics" may or may not
apply depending on whether the Tyler software has been deployed on customer infrastructure or the
Tyler cloud.The goal is to help guide the client towards clearly understanding and communicating the
importance of the issue and to describe generally expected responses and resolutions.
Priority
Level Characteristics of Support Incident Resolution Targets
Support incident that causes (a) Tyler shall provide an initial response to Priority
complete application failure or Level 1 incidents within one(1) business hour of
application unavailability;(b) receipt of the support incident. Tyler shall use
1 application failure or unavailability in commercially reasonable efforts to resolve such
Critical one or more of the client's remote support incidents or provide a circumvention
location;or(c) systemic loss of procedure within one(1) business day. For non-
multiple essential system functions. hosted customers,Tyler's responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
Support incident that causes(a) Tyler shall provide an initial response to Priority
repeated,consistent failure of Level 2 incidents within four(4)business hours of
essential functionality affecting more receipt of the support incident. Tyler shall use
2 than one user or(b) loss or commercially reasonable efforts to resolve such
High corruption of data. support incidents or provide a circumvention
procedure within ten (10)business days. For non-
hosted customers,Tyler's responsibility for loss or
corrupted data is limited to assisting the client in
restoring its last available database.
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Priority
Level Characteristics of Support Incident Resolution Targets
Priority Level 1 incident with an Tyler shall provide an initial response to Priority
existing circumvention procedure,or Level 3 incidents within one (1) business day of
a Priority Level 2 incident that affects receipt of the support incident. Tyler shall use
only one user or for which there is an commercially reasonable efforts to resolve such
3 existing circumvention procedure. support incidents without the need for a
Medium circumvention procedure with the next published
maintenance update or service pack. For non-
hosted customers,Tyler's responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
Support incident that causes failure Tyler shall provide an initial response to Priority
4 of non-essential functionality or a Level 4 incidents within two(2) business days. Tyler
Non- cosmetic or other issue that does not shall use commercially reasonable efforts to resolve
critical qualify as any other Priority Level. such support incidents,as well as cosmetic issues,
with a future version release.
Incident Escalation
Tyler Technology's software support consists of four levels of personnel:
(1) Level 1:front-line representatives
(2) Level 2: more senior in their support role,they assist front-line representatives and take on
escalated issues
(3) Level 3:assist in incident escalations and specialized client issues
(4) Level 4: responsible for the management of support teams for either a single product or a
product group
If a client feels they are not receiving the service needed,they may contact the appropriate Software
Support Manager.After receiving the incident tracking number,the manager will follow up on the open
issue and determine the necessary action to meet the client's needs.
On occasion,the priority or immediacy of a software support incident may change after initiation.Tyler
encourages clients to communicate the level of urgency or priority of software support issues so that we
can respond appropriately.A software support incident can be escalated by any of the following
methods:
(1) Telephone—for immediate response,call toll-free to either escalate an incident's priority or to
escalate an issue through management channels as described above.
(2) Email—clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal—clients can also escalate the priority of an issue by logging into
the client incident portal and referencing the appropriate incident tracking number.
Remote Support Tool
Some support calls require further analysis of the client's database, process or setup to diagnose a
problem or to assist with a question.Tyler will,at its discretion,use an industry-standard remote
support tool.Support is able to quickly connect to the client's desktop and view the site's setup,
diagnose problems,or assist with screen navigation. More information about the remote support tool
Tyler uses is available upon request.
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Exhibit D
Statement of Work
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Page 29 of 57
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technologies
Statement of Work
Brazos eCitation
Software and Implementation Services
Prepared for.-
City
oraCity of Fort Worth, TX
Prepared by:
Tyler Technologies, Inc.
wwwAylertechnologies.com
April 27, 2017
Page 30 of 57
Acronyms
The following acronyms are used throughout the SOW.
• WP—Work Plan
• RMS—Records Management System
• CMS—Court Management System
• ECS—Electronic Citation System
• PDA—Portable Data Assistant(any handheld or other mobile platform running a standard
operating system)
• :: `INC—A process through which citation data is transmitted from the Device to the Brazos
Server, and through which new software updates are transmitted from the Brazos Server to
the device.
Definitions
The following definitions are used throughout the SOW.
• Acceptance of Deliverable- Written notification from the City of Fort Worth to Tyler, signed
by the responsible the City of Fort Worth Project Manager, indicating that the Deliverable
has been evaluated and satisfies the Acceptance Criteria of each Deliverable
• Deliverables-Any materials procured or prepared by Brazos or services provided by Tyler
to the City of Fort Worth
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PROJECT SCOPE & SUMMARY
This Statement of Work provides the understanding of the objectives, approach, schedule, and
deliverables for this engagement.
Any standard interfaces purchased are detailed in SOW Attachment C—Brazos Solutions Summary.
It is important for the Client to read the portion of the Attachment related to each interface
purchased to understand its full functionality.
The summary scope of this project includes the following:
1. The ECS will incorporate the following modules:
- eCitation (Traffic, Non-Traffic, Criminal,Warning)
- Parking
o eChalk
o eParking
o Scofflaw/Bootlist
- Code Enforcement
2. The ECS will provide the ability to add additional customized forms (at additional cost)—
that also meet the flow process as desired by the client.
3. The ECS must enable officers to enter text notes (voice recording will also be available).
4. The ECS must allow the client to customize the layout of the citation printout.
5. The ECS must create an electronic data file when a citation is completed and approved and
provide the ability to transfer that data file which will then be made available for import
into the CMS/RMS systems as specified in the contract.
6. The ECS will include the Citation Entry Screen (CES) that will allow authorized users with the
ability to enter data from manual (paper) citations into the ECS through the secure web
portal.
7. The solution will be locally-installed within the City of Fort Worth's environment(non-
hosted model)
8. The ECS will include real-time query(TLETS)functionality on cellularly-enabled mobile
devices/tablets/MDCs.
Page 32 of 57
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objectives is assessed for completeness.When a stage is complete,a Work-Acknowledgement
Form (see SOW Attachment A(sample)—Work Acknowledgement Form) is completed and signed
by the Client signifying acceptance of that stage and the beginning of the next stage. Each stage is
dependent on the results of the previous stage and therefore,each stage of the methodology
cannot begin until the previous stage is completed and approved.
DATA CONVERSION
Data Conversion is referenced in the Implementation stages methodology graphic, however no
data conversion is included within the scope of this project for the City of Fort Worth.The graphic
is representative of the standard implementation methodology utilized throughout the various
product lines offered by Tyler Technologies.
KEY PROJECT ASSUMPTIONS
• Client and Tyler shall review their responsibilities before work begins to ensure that Services
can be satisfactorily completed.
• Client will provide Tyler with access to its equipment, systems, and personnel to the extent
needed to complete the defined Services.
• Client will provide work space for Tyler Services for work completed on Client premises.
• Tyler shall initially implement the most current version of the Tyler software at the time of the
contract signing. During the implementation Tyler will provide newer releases of the software
that meet or exceed the version available at contract signing.
• Client will maintain primary responsibility for the scheduling of Client employees and facilities
in support of project activities.
• Client shall provide Tyler with network access for remote installation and testing through
industry standards such as Virtual Private Network(VPN) or other secure access methods.
• Client will allow users unauthenticated access the following web addresses to ensure adequate
access to system resources:
o my.brazostech.com-72.32.135.122 (ports 80, 443)
o Repo rts2014.brazostech.com - 72.32.74.195 (ports 80,443)
o brazossupport.tylertech.com-207.182.213.55(ports 80, 443)
o syncsvc.brazostech.com - 72.32.135.120(ports 80, 443)
o syncsvc2.brazostech.com -72.32.135.125 (ports 80,443)
• Client will provide/purchase/acquire the appropriate hardware, software and infrastructure
assets to support all purchased Tyler software products in both support/testing and production
environments.
• Client is responsible for proper site preparation, hardware, software and network configuration
in accordance with Tyler specifications.
• Client has, or will provide, access licenses and documentation of existing system to any 3rd party
system software which Tyler will be required to read, write or exchange data.
• Client has, or will provide, a development/testing environment for data conversion and
interface testing as they are developed by Tyler.
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• Tyler shall be responsible for implementing a functioning version of the application software
(assuming Client has installed the proper hardware, software,and networking devices).
• All deliverables and timelines assigned to the Client will be held to the same standards of
delivery as those assigned to Tyler Technologies.
• Installation of Hardware required in City Vehicles shall be completed by City Personnel and
facilities.
• The Client will deploy initially on Fourteen (14) PDA's (Panasonic X1s) and 1 Tablet provided by
the department.
• Deployment of the Tyler Brazos ECS for the Client will utilize Tyler's hosted server environment.
• All Client personnel involved in the Pilot Project will participate fully in the training provided by
Tyler Technologies.
• If an Interface to any CMS/ RMS systems is included in this Phase of the project, it should be
reflected in the contract, and will include the synchronization of tables/files. Interfaces
included: Idaho State Court System (Tyler-Odyssey), Records Management(Tyler-New World
System), E-Impact State Crash data base, and ITS(Incident Tracking System—Locally created
data base).
OUT OF SCOPE
• Custom interfaces. Custom interfaces involve the development of a standard, repeatable
process for transferring information into or out of the Tyler software.These interfaces may take
the form of a user-initiated import/export program, an API, or a web service. There are no
custom interfaces included in the scope of the agreement unless detailed in Attachment C—
Brazos Solutions Summary
• Custom Reports.Custom Reports involve the development of new reports that are not offered
as part of the standard reporting package and modifications to existing reports.There are no
custom reports included in the scope of the agreement unless detailed in Attachment C—
Brazos Solutions Summary
• Undocumented requirements. Undocumented requirements include requirements not
specified in this Statement of Work and associated attachments.
• Post System Acknowledgement Configuration.System Acknowledgement requirements are
met at the completion of End User Training and User Acceptance Testing stage. Any changes
requested of the Tyler implementation team to alter the configuration, post acknowledgement
of these milestones, must be documented through a Change Order and may incur additional
time and/or costs. Client may have access to built-in configuration tools,so,when available, is
free to reconfigure or create a new configuration as required or desired. If assistance using
these tools is required, additional change orders may apply.
RISK / MITIGATION STRATEGY
Unavailability/Incompatibility of Staff
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Risk:Tyler recognizes that individuals assigned to projects may become unavailable due to
various causes. Further,Tyler recognizes that individuals sometimes clash for reasons of
incompatibility. Tyler schedules team members based on all the projects to which those
individuals are assigned. Unavailability may occur due to unforeseen circumstances such as
family matters or the employee's departure from Tyler employment. Incompatibility creates
intolerance in project objectives and tasks and creates unnecessary delays and can lead to
project failure if not corrected.
Mitigation: In the event a Tyler project member is determined to be unavailable, a Tyler
manager will consult with Client on alternatives such as a temporary replacement or substitute
of the person. Likewise, a similar response is expected from the Client if their team member is
unavailable.
Incompatibility is addressed first through attempts to resolve the compatibility issues between
individuals. Failing resolution, team members must be replaced. In the event a Tyler team
member is determined to be incompatible,Tyler will replace with a new team member and
provide time to orient to the project before assuming their respective responsibilities.
Client Staff unavailability
Risk: Delays in the project timeline will occur if appropriate Client staff is unavailable to meet
with or respond to Tyler for timely decisions and or directions.
Mitigation:Client should ensure that staff assigned to this project is given sufficient priority
and authority to work with Tyler while completing other Client responsibilities in a timely
fashion. Decisions must be made in hours and days, not weeks.
Scope Changes
Risk: Poorly defined projects always take longer than expected or cost more than expected
because of poorly defined scope at the beginning of the project.
Mitigation: Both parties must ensure that the scope of the project is well stated and
completely defined to the best of each party's knowledge. Functional requirements should be
reviewed carefully to ensure completeness. Change Orders are required to document any
subsequent impact on schedule and/or costs.
Activity Focus
Risk:Activity Focus is the risk that minor activities consume time that should otherwise be
dedicated to major activities of the project,with the end result of time and/or costs
overrunning budget.This risk is sometimes associated with efforts that lead to scope changes.
Examples include meetings of little substance or that go longer than they need, or time
consumed investigating undocumented functionality or other activities not in scope.
Mitigation: Project Managers for both Parties must guard themselves to avoid focus drift by
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ensuring the focus is squarely on meeting deadlines, services, and configuration requirements
of the implementation as planned and documented in the planning, assessment and definition
stages.
Achievable Goals
Risk:The expectations of this project are set too high or are not explicit or clear to Client Staff
and thus not communicated to Tyler through Functional Requirements and clearly stated
scope.
Mitigation:The parties must ensure,through the Contract and Task Orders, that the goals of
the project are explicit,well defined and attainable, and that both parties have "signed off'on
the requirements.
Technology Age
Risk:This risk is highly dependent on the choice of Tyler products,the PDA's to be used for
data capture, and whether the Client is hosting any of those products. If the Client will be
hosting its own servers,the technology utilized should be robust enough to meet the Client's
needs for several years into the future.Technology that barely meets minimum requirements
today will be insufficient as the system and its needs grow.
Mitigation:Tyler will assist Client in determining optimal technology and plans to guard
against premature obsolescence.
CRITICAL SUCCESS FACTORS
In order to successfully execute the services described herein,there are several critical success
factors for the project that must be closely monitored. These factors are critical in setting
expectations between the Client and Tyler,TXentifying and monitoring project risks, and promoting
strong project communication.
• Knowledge Transfer-While Tyler cannot guarantee specific expertise for Client staff as a result
of participating in the project,Tyler shall make reasonable efforts to transfer knowledge to the
Client. It is critical that Client personnel participate in the analysis, configuration and
deployment of the Tyler software in order to ensure success and to transfer knowledge across
the organization.After completion of the production phase,the Client will be responsible for
administering the configuration and introduction of new processes in the Tyler system.
• Dedicated Client Participation—Tyler fully understands that Client staff members have daily
responsibilities that shall compete with the amount of time that can be dedicated to the Tyler
implementation project. However, it is critical that the Client understands and acknowledges
that its staff must be actively involved throughout the entire duration of the project as defined
in the Project Plan. Tyler shall communicate any insufficient participation of Client and Tyler
resources, as well as the corresponding impact(s),through Project Status Reports.
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• Acknowledgement Process—Acknowledgment must be based on criteria.The objectives and
tasks of each stage of a project provide the basic criteria by which to judge acceptance of a
stage is to be granted.Within each stage additional criteria will be developed by team members
on which to judge future stages. For example, User Acceptance Testing will be based on criteria
developed in earlier stages.
As resources are consumed,Tyler shall provide the Client with a Work Acknowledgement Form (see
Attachment A-(Sample) Work Acknowledgement Form) to formalize receipt.The Work
Acknowledgment Form is subsequently signed by the appropriate Client stakeholder(s), and faxed or
emailed to Tyler.Timely and honest acceptance is required to maintain project momentum. Failure to
properly establish acceptance criteria or failure to accept a properly completed stage will cause delays
in the project.
In an effort to ensure quality and complete satisfaction with each stage of the project,Tyler's
Professional Services Division has established the following rule:A Signed Work Acknowledgement
Form (see Attachment A) is required upon completion and Client-acknowledgement of the resources
consumed on the project. Stage signoff is also required before proceeding to the next stage in the
process.
• Managing Project Scope- In an effort to implement the project on time and within budget,
both Tyler and Client agree to limit the software and professional services to only those items
identified in this Statement of Work. Expanded scope results in additional costs.
Change orders or contract addendums for additional items outside the scope of the defined
project requirements must be submitted in advance and signed by project stakeholders before
work can be accomplished on those items. Likewise, reductions of the defined scope will also
require a Change Order.
FUTURE AMENDMENTS TO SCOPE
Future changes in the project scope, beyond the capability of a Change Order, will assume the
appropriate processes outlined in this Statement of Work and in the Agreement, unless future
scope changes require a different or modified process. If no new Statement of Work is required,
then new functionality and payment requirements are provided for in an amendment to the
initial Agreement.
PROJECT MANAGEMENT
Tyler performs ongoing project management services throughout the implementation in order to
plan and monitor execution of the project. Project Management includes the following tasks:
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• Project plan
• Project document management
• Issue log management and escalation
• Status reporting
• Change order management
• Resource management
• Executive project oversight via Executive Sponsor and Project Review Committee
By mutual agreement some project management tasks are shared between the Tyler Project team and
the Client Project Manager/Stakeholders.
STAFFING
Every reasonable effort is made to maintain a consistent project team from Tyler for the duration
of the project.Should the Client have concerns related to assigned resources, those concerns
should be submitted to the Tyler Project Manager or Tyler Management Staff for review and
consideration.Tyler will make staffing decisions based on appropriate skill set and other soft skills
of resources deemed compatible to the success of the project.
Tyler Brazos Team
Project Manager—TBD
As Project Manager,TBD will be responsible for establishing and administering controls to
ensure the quality of deliverables are acceptable to the Client, monitoring project activities to
ensure project schedules are met, and providing monthly Full Status Meetings. Project Manager
will be able to authorize changes and will be expected to refer any problems or issued that
cannot be resolved by on-site implementation staff to company management.
Technical Lead—TBD
The Technical Lead, will be responsible for design and architecture of the Tyler Brazos software
Training Lead—TBD
The Training Lead, will be responsible for ensuring that all the Client Personnel specified in this
SOW are appropriately trained according to the requirements of their participation in the
project.
CITY OF FORT WORTH Team
Project Manager—TBD
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The Project Manager for the Client will be responsible for establishing and administering
controls to ensure the quality of deliverables are acceptable to the Client. The Project Manager
will also make decisions about any changes to the implementation plan or technical aspects of
the system.
Resource—Department Lead (POLICE)—TBD
Resource—Department Lead (COURT)—TBD
Resource—Department Lead (IT)—TBD
PROJECT SCHEDULE
Upon execution of the contract,the parties will subsequently collaborate during the project
planning and initiation stage to determine a start date for services to be rendered. Upon initiation
of these services,Tyler shall work with Client to collaboratively define a baseline or preliminary
project schedule/plan. Given the fact that project schedules are working documents that change
over the course of the project,Tyler shall work closely with Client to update, monitor, agree, and
communicate any required changes to the project schedule.A Sample Project Schedule is included
in Attachment D—Deliverables and Project Schedule
DEVELOPMENT TOOLS
No special development tools are required for the Tyler software.Tyler source code is not
accessible (unless through the requirements of an Escrow Agreement).
The configuration tools are built into the software, and the Client has full access. The Tyler
implementation staff will use these same configuration tools to set up the system with the Client.
The Client will receive basic training on the use of these tools. If assistance using these tools is
required,or the client wishes to configure applications, additional change orders may apply to
provide full training.
Documentation
Tyler-provided documentation
Over the course of the 6 stage implementation lifecycle,the Tyler project team will provide stage-
specific documentation in a range of formats(both editable and non-editable). Examples include:
• Data Collection docs (MS Excel and/or MS Word)for configuration
• Training Documentation Templates(MS Word and MS PowerPoint)
• Other documentation as required for the specifics of the project.
Client-provided documentation
A definitive list of Client-provided documentation is not possible until all aspects of the
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implementation are determined, usually in the beginning stages of the project. Certainly, Client's
assistance in completing the Tyler-provided forms and requests for configuration information is
essential to a successful project.The Tyler Project Manager will provide the Client with detail of the
documentation necessary for each product to be successfully implemented.The list below is a
sample of the types of documentation that is likely to be requested.
Documentation originated by the Client includes:
• Application Programming Interface documents (API's) for any third-party software system
to which the Tyler software will interface and exchange data.
• Legacy system data documentation and data, when applicable, in a format suitable for
conversion into the Tyler System (please refer to section titled Data Conversion)
• Workflow documentation on the Client's current business processes
• Copies of pertinent ordinances or other controlling authorities
• Fee Schedules, when applicable
• Copies of existing forms and other documents presented to the public and expected to be
derived from the Tyler Software.
PROJECT STATUS MEETINGS
Communication is crucial to the success of the project. Regular communication between Tyler and the
Client staff are required.
Full Status Meetings
Monthly Reports to the Client Staff(may be done remotely)
• Presented by Tyler project manager
• The full status meeting schedule will begin upon acceptance of the SOW
• Status of major activities
• Target dates for completion of remaining tasks
• Potential delays in reaching target dates and the basis for those delays
• Proposed revisions to the overall work schedule—if any
Progress Meetings
Bi-weekly In Writing—prepared by Tyler Project Manager
• Recap of previous period's work
• Preview of next period's tasks
• Status of major activities
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• Target dates for completion of remaining tasks
• Potential delays in reaching target dates and the basis for those delays
• Proposed revisions to the overall work schedule—if any
Communication Plan
• The purpose of the Communication Plan is to define and document on-going
communication commitments between Tyler and the Client. The Project Manager will
provide a contact list to Tyler for each agency representative for direct communications
with that respective agency. These individuals will be responsible for department policy,
budget and overall strategic direction of the project.
• The Tyler Project Manager, will create, maintain and distribute a contact list for all Project
Team members.This list will be distributed to all Team members as required or requested
via email and will include phone extension, cell number, email addresses, etc. of all Tyler
Project Team members,the Client Project Team members as applicable.
SOW ATTACHMENTS LISTING
SOW Attachment A— (Sample) Work Acknowledgement Form
This form provides the means for the Client to accept work provided or provide reason
for denial of a work.
SOW Attachment B — (Sample) Change Order Form
Any change in the project must have a completed and approved Change Order.
SOW Attachment C— Brazos Solutions Summary
This document provides a summary description of the purpose and function of the
Brazos Applications included in the scope of this project
SOW Attachment D— Deliverables and Project Schedule
This document provides a summary description of the purpose and function of the
Brazos Applications included in the scope of this project
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Attachment A — Work Acknowledgment
Work Acknowledgment
Client:
Date:
Visit/Deliverable:
Accomplishments Performed by Notes
I am satisfied with the work performed for this stage, and/or deliverable.
ElI am NOT satisfied with the work performed for this stage, and/or deliverable.
In an effort to ensure quality and complete satisfaction with each phase of the project Tyler Technology's
Professional Services division has established the following rules:
1. Projects will not be allowed to move from one phase to another without a sign off indicating
satisfaction with the work performed.The Tyler Technology project team will immediately stop all other
tasks,complete the phase at hand,and obtain sign off before moving to the next phase.
2.Customer understands that any payment not received within 30 days of invoice will result in work
stoppage.All related project tasks will be stopped until payment is received.
Print Name:
Signature:
Date:
(Please return signed copy to the Tyler Technology project team)
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Attachment 8— Change Order Form
Change Order Form
Client:
Date:
Generated By:
Authorized By:
Change Overview:
Narrative Description of Change:
Impact of Change:
Schedule Impact: Delay of milestone&sub-tasks on Tyler Technologies Implementation Project Plan
including:
Task Proposed Date Changes
Cost Impact:
Change Detail Credit Debit Total
Revision No.:
No changes may be made to this project without the agreement of the Project Manager(s), and must be approved
by the Project Director. Submit endorsed Change order to the Tyler Technologies Project Manager
Date Approved Comments Approved By Signature
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Attachment C— Brazos Solutions Summary
Brazos eCitation Applications
Tyler Technologies will work with the Client to deliver the Electronic Citation System (ECS).The system
will be installed on City of Lone Tree's PDA's and allow officers to capture all information for
citations/warnings, print a copy of the citation for the violator, and electronically transfer all
information into the respective Court system(s).
Tyler is committed to delivering a successful Electronic Citation System (ECS) project to our customers.
Our implementation approach has been highly successful,and we feel that this process provides the
best method to minimize risks and ensure a successful project.The key is to involve the customer in all
phases of developing and implementing software specifically for them, to meet their specific needs.
This process is comprised of the following:
• Kick-off Meeting. An on-site meeting or conference call style meeting(to be determined by
Tyler) with the project owners to define roles, responsibilities, and outline the schedule.
This meeting will also include review of all initial requirements of the SOW document and
RFP, and identification of areas within the SOW that will require modification/clarification.
• Completion and acceptance of the final SOW document. Tyler will update the Statement
of Work and provide it to the Client for review. The SOW will include all significant work
tasks, steps,timeframes and deliverables required to complete Phase I, including software
installation, interface customization, implementation,testing, and training.
• Setup and Configuration.Tyler Technologies will work with the Client to install and
configure the locally-installed servers, the ECS client software, import offenses, layout the
defendant's receipt, configure reports, and any other configuration required by the Client.
The Client will perform any tasks related to enabling the department to install any vehicle
mounted hardware prior to Tyler arriving onsite for the initial training.
• Begin Pilot.The pilot program should involve up to 14 key officers per 2-day session, with 1
of these 2-day sessions are included in purchase.These users should be designated by the
Client, will adapt to this technology quickly. They will be given full software training in order
to understand and become familiar with the technology.The training process includes going
out on the street and writing warning-citations with a Tyler trainer to ensure comfort with
the technology.
• Operational Pilot.The operational phase of the pilot begins once the officers are familiar
with the technology and we have verified successful data transfer to any/all CMS and RMS
systems specified in the contract.At this point the pilot officers will begin writing actual
citations.This process serves two purposes: 1)validation of the entire process prior to
engaging the entire police force and, 2) providing positive feedback to circulate within the
department prior to full rollout.
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• Full Rollout.The rollout process is primarily the training of all additional officers specified as
participants in Phase I in use of the new system.The preferred process for training is to
provide a class room style of instruction,followed by a "hands on" session that may include
DL checks, ride-alongs, etc., to ensure every officer has used the system in the field. It is the
intent of this project that certain officers identified as train-the-trainers from the Pilot
Project will be utilized at this stage to assist with the training of the additional officers.
• Post Action. Finally, after the full rollout,we will convene with the project owners to
determine what went well and what improvements are required of the system, process, or
any other aspect of the project. A full project review will be documented by Tyler and
provided to the Client Project Manager.
The delivery and training processes are the most significant keys to the success of this project. We
will jointly determine the Operational Pilot duration, depending upon officer success and
satisfaction and their recommendations for deployment. When all parties agree, Full Rollout
training and deployment will begin.
TRAINING
Tyler will provide all training associated with the Electronic Citation System (ECS) and will identify
the Training Lead at the beginning of the project.
In order for this project to be successful,the officers need to know not only the basics of the
software, but first-level troubleshooting tips for the hardware and operating system as well. It is
our experience that the officers must be proficient in the mobile hardware for this project to have
the long term success that the Client and Tyler are looking to achieve.
The delivery and training processes are the most significant key to the success of this project.The
Tyler Training Lead will ensure that all levels of the Client personnel who utilize the Tyler Brazos
Solution will receive adequate training. Tyler will incorporate measurement tools to assist in
monitoring the end-users competence in using the system.
Classroom Training.The Train-the-Trainer course shall involve all officers specified to participate in
the Operational Pilot(limit= 14 Officers).They will be given full software training in order to
understand and become familiar with the technology.The training process includes producing
several test citations with a trainer to ensure comfort with the application.
Practical Application.The practical application phase begins once the officers are familiar with the
technology. At this point the pilot officers will begin writing real citations.
Administrator Training.The Tyler Brazos ECS provides powerful management tools with great ease
of use for agency administrators and management.Tyler will provide sufficient training to
designated management personnel for them to be able to utilize those tools as well as have a solid
understanding of the capabilities of the system.
Page 46 of 57
ECITATION CLIENT SOFTWARE
The Tyler Brazos ECS client software will be installed on 20 PDA's allowing the officers to write,
print, and push citations electronically to the Court software system(s). All ECS software is
embedded on the PDA and is completely functional with or without a network connection. The
software will be configured for the Client and the Client will have the ability to define, approve and
modify the layout of all screens and print jobs under the scope of this agreement.
The software will have the ability to:
• Allow officers to quickly and easily capture citation information.
• Print the citation in the field for the violator using a Bluetooth connection to a mobile
printer.
• Push citations via a network connection.
• The Client will have the ability to VOID a citation on the PDA, after save but before sync.
Notations as to the reason for VOID can also be required.
• The citation number sequence shall follow a unique numbering system, dictated by the
Court.
• Ticket types will consist of Criminal and Traffic for Municipal eCitation and Warning Tickets.
• Charges identified will be specific to each Ticket type, as further defined during the design
phase.
• Ability for System Administrator to add/modify/delete statutes, codes, etc. as further
defined during the design phase.
ECS SERVER SOFTWARE
The Client will utilize the Hosted Tyler Brazos ECS server for all reporting, interface and
administrative functions.There are no limitations to the number of users of the system and any
future hardware/software requirements or upgrades are the responsibility of the Client.The ECS
server provides the following benefits:
• Access to add/change/delete any dropdown on the PDA(i.e. offenses, streets, officers, etc.).
• Access to all reports(i.e.STEP reports, Citation Detail, and over 35 other standard reports).
• Configuration and management of all users of the ECS for both the server and the clients.
• View and query images of citations captured via the mobile devices via internet browser.
• Creation/modification of interfaces to new/existing systems.
• Citation Entry Screen (CES) for entry of either paper tickets or modification to previously
captured information by an authorized court assigned user(Program should also have some
type of tracking capabilities for changes made in the CES).
Page 47 of 57
The Citation Entry Screen (CES)will also be configured for the Client and available through the
locally-installed ECS server.The CES is configured with the same business rules as the ECS client
software, providing the Client with a complete solution for all citations
SYNCHRONIZATION (DEVICE TO ECS SERVER)
The Tyler Brazos Solution allows officers to create, save, and print citations or other record types
with or without network connectivity. When an officer creates a citation, it is saved to non-volatile
memory on the device. The citation record can then be uploaded to the ECS server via one of the
following methods:
• Real-time via cellular connection (aircard required)
• 802.x wireless connection to hotspots
• Ethernet LAN connection (via placement in sync cradle)
The frequency and method of upload is defined and controlled by the Client via the Tyler Brazos
web-based configuration tool, BuildlT. Once uploaded,the data are processed through the system
according to the agency-specific workflow,which is also defined and controlled by the Client via
BuildlT. All new updates and changes are also passed from the ECS Server to the device through
this same process.
Page 48 of 57
Attachment D— Project Deliverables and Project Schedule
PROJECT DELIVERABLES
Existing Citation Process
The existing process flow will be identified and documented in partnership with the Client and Tyler
as a separate Appendix during the Design phase of the project.
Proposed System
The proposed process flow will be identified and documented in partnership with the Client and
Tyler as a separate Appendix during the Design phase of the project
Acceptance Testing Plan (ATP)
The ATP will provide the Client with the testing plan for verification of the installed system,
including interfaces,which will allow the Client to certify the ECS performs in according with the
requirements. The testing plan will include strategies and test cases to assist with the verification.
The Client will have the ability to certify the ATP prior to both the certification from Tyler as well as
the beginning of the acceptance test.
System Installation
TYLER BRAZOS ECS SERVER:
Tyler will host the ECS server, database server and verify operation of the system. Any hardware
purchases required to meet system specifications are the responsibility of Tyler.
TYLER CLIENT SOFTWARE:
The Tyler Brazos Client Software will be installed on any devices purchased through Tyler.The
initial installation will be completed by Tyler. If the Client elects to purchase hardware through
another vendor,the hardware will be sent to Tyler for off-site installation and verification at an
additional cost.
TYLER INTERFACES:
During the setup and configuration process, connectivity for any included interfaces will also be
verified. The Client will provide Tyler personnel with the proper access to complete tasks required
to complete this effort. Any installation requirements with regards to security or setup must be
provided to Tyler one-week prior to the scheduled interface testing.
HARDWARE IN VEHICLES:
Tyler will not install any hardware in the vehicles.
Page 49 of 57
Training
Operational Pilot:—Tyler will provide full Train-the-Trainer training to the officers specified by the
Client to participate in the pilot(limit= 14 Officers). The training will consist of two formal days of
training.
• Day 1 should occur in a classroom setting where the officers will be thoroughly exposed to
training that covers the hardware, operating systems, application,troubleshooting, and
proper care/maintenance.
• Day 2 is focused on field training and includes Tyler personnel at the side of the Client
officers, as the officers complete citations in "real world" environments.
This training may incorporate such tactics as DL checks, standard traffic stops, etc. to ensure that all
the officers involved are exposed to several different types of scenarios and receive the maximum
effective training. Upon completion of the field training portion,Tyler will train the officers on how
to review their citations via the web based tool and any workflow processes specified by the Client.
Tyler will also train any specified supervisors in procedures for reviewing citations and voids,as well
as statistical reports. .
Full Rollout—The Client will provide full training to the officers specified to participate in Full
rollout. The format of this training shall be the same as that of the Operational Pilot training.
Select officers from the Operational Pilot group who have been identified as "ECS Trainers" will be
utilized to assist in this training.
System Administrator—Instructor led, hands-on training will be provided for up to three (3) City of
Fort Worth Staff members who will ultimate be actively involved in administering the ECS.
Acceptance
The purpose and the net result of the acceptance test is to determine that the ECS proposed and
installed meets the technical and functional requirements outlined in these specifications. The ECS
will be considered "acceptance test ready"once it has completed a full system test, including
interfaces and data conversion,with no know outstanding material defects.
Tyler will provide the Client with a proposed "Acceptance Test Plan" (ATP). The Client will provide
written approval that the proposed ATP is complete and acceptable.
During the Pilot Project,Tyler will work closely with the Client personnel to ensure that each
requirement specified in this Statement of Work is fully satisfied. Acceptance of the ECS shall be by
conformity to the written Acceptance Testing Plan. Any functionality processes, or other aspects
not specified in the approved Acceptance Testing Plan are considered out-of-scope and would
require a written and approved Change Order.
In accordance with the SOW, "Final Acceptance"shall mean written notice from the Client that it
has accepted the ECS following the 30 day Final Acceptance Period, during which time the ECS has
conformed in all material respects to the applicable specifications, including any approved change
orders for the ECS, with all defects discovered during the acceptance period fixed by Brazos and
tested and accepted by the Client.
Page 50 of 57
Full Rollout
Upon completion of the Pilot Project and written approval of the FINAL ACCEPTANCE,the Client
will initiate the full rollout of the ECS. Tyler will assist the Client by providing training materials,
support and consultation to the Client training officers.
Milestones
1) Contract Award
2) Contract Signature
3) Kick-Off Project
4) Sign-off of Work Plan by City
5) Order hardware
6) Setup Configuration of ECS(off-site)
7) Create ATP Plan
8) On-Site testing
9) Training of'Pilot Users'
10) Acceptance Testing by City
11) Final Acceptance
12) Full Rollout of Project
Page 51 of 57
SCHEDULE
This schedule is a draft only. It does not represent a commitment by Tyler or the Client
and will be modified post Kick-Off Meeting
T—Tyler, City of Fort Worth, J—Joint(both are responsible)
41 It
ftM To* Activity Description ate_ Duration Owner Deliverables
VW_ 0
1 First Phase
1 Contract Award TBD J
2 Contract Signature TBD City
3 Kick-Off Project 2w 2w J Official Work
Plan
1 On-Site Meeting/Conference Call J
2 Gather requirements from all project owners J
3 Build official Work Plan J
J Work Plan to be
4 Verify Work Plan with hardware vendors signed off by
Cit
4 Sign-off of Work Plan by CITY 3 Days 2.5w City
5 Order hardware TBD T
6 Setup Configuration of ECS(off-site) 3 weeks 5.5w
1 Setup and Configure mobile software T
2 Receive all incoming interface samples to City
load into mobile device from CITY
3 Setup and Configure all interfaces T Interface
Documentation
4 Layout the citation printouts T Sample Layouts
for Approval
6 Install mobile software onto CITY hardware T
off-site
7 Test solution using CITY hardware T
8 Create sample interface files for CITY J
system(s)
9 Test sample interface files J
10 Approve sample interface files EC
7 Create ATP Plan 1w
1 Build ATP Plan T
2 Approve ATP Plan EC
8 On-Site testing TBD 6.5w
1 Test PDAs and connectivity to server T
2 Test all interfaces for server T
3 Test web-citation entry screen T
Page 52 of 57
4 Test web based reporting T
5 Certify ECS based upon ATP T
9 Training of`Pilot Users' 3d 7w
1 Train officers on Classroom Train-the-Trainer J
and Field Training
2 System Administrator Training J
3 Court Training
10 Acceptance Testing by CITY 32d TBD
1 Evaluate Hardware
2 Compile and Evaluate hardware observations
3 Finalize hardware selection
4 Initial Acceptance Test for"go live"
5 Initiation of Final Acceptance Period 30d
11 Final Acceptance ld T the Client signs
off on project
12 Full Rollout of First Phase TBD
Task are TBD
Debrief of all
13 End of Phase l project
principals
Page 53 of 57
EXHIBIT E
NETWORK ACCESS AGREEMENT
1. The Network. The City owns and operates a computing environment and network (collectively the
"Network"). Contractor wishes to access the City's network in order to provide implementation and support of
the Brazos e-Citation system. In order to provide the necessary support,Contractor needs access to the Brazos e-
Citation system.
2. Grant of Limited Access.Contractor is hereby granted a limited right of access to the City's Network for
the sole purpose of providing implementation and support of the Brazos e-Citation system. Such access is granted
subject to the terms and conditions forth in this Agreement and applicable provisions of the City's Administrative
Regulation D-7 (Electronic Communications Resource Use Policy), of which such applicable provisions are
hereby incorporated by reference and made a part of this Agreement for all purposes herein and are available upon
request.
3. Network Credentials.The City will provide Contractor with Network Credentials consisting of user IDs
and passwords unique to each individual requiring Network access on behalf of the Contractor. Access rights
will automatically expire one (1) year from the date of this Agreement. If this access is being granted for
purposes of completing services for the City pursuant to a separate contract, then this Agreement will expire at
the completion of the contracted services, or upon termination of the contracted services, whichever occurs first.
This Agreement will be associated with the Services designated below.
❑ Services are being provided in accordance with City Secretary Contract No.
❑ Services are being provided in accordance with City of Fort Worth Purchase Order No.
X Services are being provided in accordance with the Agreement to which this Access Agreement is
attached.
❑ No services are being provided pursuant to this Agreement.
4. Renewal. At the end of the first year and each year thereafter,this Agreement may be renewed annually
if the following conditions are met:
4.1 Contracted services have not been completed.
4.2 Contracted services have not been terminated.
4.3 Within the thirty (30) days prior to the scheduled annual expiration of this Agreement, the
Contractor has provided the City with a current list of its officers, agents, servants, employees or
representatives requiring Network credentials.
Notwithstanding the scheduled contract expiration or the status of completion of services, Contractor shall
provide the City with a current list of officers, agents, servants, employees or representatives that require
Network credentials on an annual basis. Failure to adhere to this requirement may result in denial of access to the
Network and/or termination of this Agreement.
5. Network Restrictions. Contractor officers, agents, servants, employees or representatives may not share
the City-assigned user IDs and passwords. Contractor acknowledges, agrees and hereby gives its authorization to
the City to monitor Contractor's use of the City's Network in order to ensure Contractor's compliance with this
Agreement.A breach by Contractor,its officers, agents,servants,employees or representatives,of this Agreement
and any other written instructions or guidelines that the City provides to Contractor pursuant to this Agreement
shall be grounds for the City immediately to deny Contractor access to the Network and Contractor's Data,
terminate the Agreement,and pursue any other remedies that the City may have under this Agreement or at law or
in equity.
Page 54 of 57
5.1 Notice to Contractor Personnel-For purposes of this section, Contractor Personnel shall include
all officers, agents, servants, employees, or representatives of Contractor. Contractor shall be responsible for
specifically notifying all Contractor Personnel who will provide services to the City under this agreement of the
following City requirements and restrictions regarding access to the City's Network:
(a) Contractor shall be responsible for any City-owned equipment assigned to Contractor Personnel,
and will immediately report the loss or theft of such equipment to the City
(b) Contractor, and/or Contractor Personnel, shall be prohibited from connecting personally-owned
computer equipment to the City's Network
(c) Contractor Personnel shall protect City-issued passwords and shall not allow any third party to
utilize their password and/or user ID to gain access to the City's Network
(d) Contractor Personnel shall not engage in prohibited or inappropriate use of Electronic
Communications Resources as described in the City's Administrative Regulation D7
(e) Any document created by Contractor Personnel in accordance with this Agreement is considered
the property of the City and is subject to applicable state regulations regarding public information
(f) Contractor Personnel shall not copy or duplicate electronic information for use on any non-City
computer except as necessary to provide services pursuant to this Agreement
(g) All network activity may be monitored for any reason deemed necessary by the City
(h) A Network user ID may be deactivated when the responsibilities of the Contractor Personnel no
longer require Network access
6. Termination. In addition to the other rights of termination set forth herein, the City may terminate this
Agreement at any time and for any reason with or without notice, and without penalty to the City. Upon
termination of this Agreement, Contractor agrees to remove entirely any client or communications software
provided by the City from all computing equipment used and owned by the Contractor, its officers, agents,
servants,employees and/or representatives to access the City's Network.
7. Information Security. Contractor agrees to make every reasonable effort in accordance with accepted
security practices to protect the Network credentials and access methods provided by the City from unauthorized
disclosure and use. Contractor agrees to notify the City immediately upon discovery of a breach or threat of
breach which could compromise the integrity of the City's Network, including but not limited to, theft of
Contractor-owned equipment that contains City-provided access software, termination or resignation of officers,
agents, servants, employees or representatives with access to City-provided Network credentials, and
unauthorized use or sharing of Network credentials.
ACCEPTED AND AGREED:
CITY OF"RT WORTH-r, TYLER TECHNOLOGIES:
By: By: ��
Susanlams Name:
Assi t Ci Manger Title:
Date: 1 O � "1 Date: - 2 l -ATTEST: ATTEST:
i
By: at, Z By:
Mary J. r, ity Secre :)2f;2""
F RT Name: k 121 0 �►,a�=�yi
-� . Title: = 5 GSC. ks,o�s
0 .
55 of 57 OFFICIAL RECORD
CITY SECRETARY
AS FT.WQRTMI YX
APPROVED Aa i O FORM AWT D LEGALi i':
By: 1VIP— IF '
Christy Lop -Reynolds
Senior Assistant City Attorney
M&C: none required
Page 56 of 57
EXHIBIT F
VERIFICATION OF SIGNATURE AUTHORITY
Full Legal Name of Company: Tyler Technologies, Inc.
Legal Address: One Tyler Drive, Yarmouth, ME 04096
Services to be provided: Implementation and support of the Brazos e-Citation system
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals and/or
positions have the authority to legally bind the Company and to execute any agreement, amendment or change
order on behalf of Company. Such binding authority has been granted by proper order, resolution, ordinance or
other authorization of Company. The City is fully entitled to rely on the warranty and representation set forth in this
Form in entering into any agreement or amendment with Company. Company will submit an updated Form within
ten (10) business days if there are any changes to the signatory authority. The City is entitled to rely on any
current executed Form until it receives a revised Form that has been properly executed by the Company.
1. Name: Abby Diaz
Position: Chief Legal Officer
Signature
2. Name: Craig Seekamp
Position: Senior Corporate Attorney
Signature
3. Name:
Position:
ignature
Nam ( r ed):_Bret Dixon
Sin ure of resident,Justice Group,Tyler Technologies
Other Title: r�11
Date:
Page 57 of 57
M&C Review
-Official
FO RT�'�ORrTl1
CITY COUNCIL AGFQA
COUNCIL ACTION: Approved on 8/1/2017
REFERENCE ** 13P17-0412 E-TICKET SYSTEM
DATE: 8/1/2017 NO.: P-12078 LOG NAME: SB ITS
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Purchase Agreement for Software, Hardware, Services and One Year of
Maintenance for Electronic Citation Solution with Tyler Technologies, Inc., Using a
Cooperative Contract in the Total Amount Up to $682,736.00 for the Information
Technology Solutions Department for the First Year(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that City Council authorize a Purchase Agreement for software, hardware,
services and a one year maintenance plan for electronic citations with Tyler Technologies, Inc.,
using a National Joint Powers Alliance Contract No. 110515-TTI in the total amount up to
$682,736.00 for the Information Technology Solutions Department for the first year and an
estimated $70,000.00 for the maintenance for the second year.
DISCUSSION:
The City of Fort Worth's Police, Parking and Code Compliance Departments currently provide a
combination of electronic and paper citations to the Municipal Court Services Department that are
manually scanned to CourtView Justice Solutions (CJS) to create cases. Approval of this Mayor
and Council Communication (M&C)will provide the Police, Transportation & Public
Works(TPW)/Parking Enforcement and Code Compliance Departments with 158 handheld
electronic citation writers, mobile printers and an electronic interface into the Municipal Court
Services System. Instead of hand-written citations that have to be re-entered into the court or
public safety records management systems, patrol officers can easily enter citation information in a
mobile device, which is automatically uploaded into the Municipal Court Services Management
System.
The benefits to the City from this system will be: reduced time spent on traffic stops and parking
citations, increased officer and violator safety, elimination of data entry errors on citations,
elimination of data entry into court and public safety records systems, reduction of the total cost of
processing citations, complete citation, statistical and mapping reports and automatic document
completion of suspects information from driver's license, vehicle identification number or
registration sticker.
This phase represents a multi-year plan for the Police Department. At the conclusion of Fiscal
Year 2016, The Police Department transferred $600,000.00 from General Fund savings to this
Capital Project. The five-year IT Capital Plan projects that $600,000.00 will be budgeted annually
beginning in Fiscal Year 2019 and ending in Fiscal Year 2022 to completely outfit the
department. Funds are anticipated from the Crime Control & Prevention District. Maintenance for
this system is estimated to be $70,000.00 per year paid for by the appropriate departments through
the Information Technology Solutions annual budget allocation.
PRICE ANALYSIS —The City has no previous purchase history for this type of system. Staff has
reviewed this price and determined it to be fair and reasonable for the scope of services proposed.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24898&councildate=8/1/2017[8/2/2017 10:50:06 AM]
M&C Review
M/WBE OFFICE —A waiver of the goal for the MBE/SBE subcontracting requirements was
requested by the Purchasing Division and approved by the M/WBE Office in accordance with the
BIDE Ordinance because the purchase of goods and services is from sources where subcontracting
or supplier opportunities are negligible.
ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made
by the City Manager in the amount up to $100,000.00 and does not require specific City Council
approval as long as sufficient funds have been appropriated.
AGREEMENT TERM - Upon City Council's approval, this Agreement shall commence on August 2,
2017 and shall expire on August 1, 2018.
RENEWAL OPTIONS - This Agreement may be renewed for one year in accordance with the
National Joint Powers Alliance Contract No. 110515-TTI or applicable successive NJPA contracts
for the same services. This action does not require specific City Council approval provided that the
City has appropriated sufficient funds to satisfy the City's obligation during the renewal terms.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available within the existing appropriations of the
General Capital Project Fund (Police), Municipal Parking Capital Projects Fund (TPW-Parking),
and the Solid Waste Fund (Code Compliance) for this purchase agreement and that prior to an
expenditure being made, the participating department has the responsibility to validate the
availability of funds.
BQN\17-0412\SB
TO
Fund Department Account P�ID
ct Program Activity Budget Reference# Amount
ID I Year (Chartfield 2)
FROM
Fund Department Account Project -"Pro-gram- Activity Budget Reference# Amount
ID ID ? Year (Chartfield 2)
Submitted for City Manager's Office-41L Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Sheila Baker (8356)
Cynthia B. Garcia (8525)
ATTACHMENTS
Signed Tyler 1295-Notarized.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=24898&councildate=8/l/2017[8/2/2017 10:50:06 AM]
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1 of 2
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-232553
Tyler Technologies, Inc.
Plano,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/06/2017
being filed.
City of Fort Worth Date Acknowledged:
g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Brazos eCitation Solution
Brazos eCitation Products and Services
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Marr,Jr.,John Yarmouth, ME United States X
Brattain,Donald Plano,TX United States X
King,Jr.,J.Luther Plano,TX United States X
Womble, Dustin Lubbock,TX United States X
Cline, Brenda Plano,TX United States X
Carter, Glenn Plano,TX United States X
Moore,Jr., H. Lynn Plano,TX United States X
Miller, Brian Plano,TX United States X
Leinweber, Larry Plano,TX United States X
Pope,Daniel Plano,TX United States X
Yeaman,John Plano,TX United States X
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
2of2
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-232553
Tyler Technologies, Inc.
Plano,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/06/2017
being filed.
City of Fort Worth Date Acknowl dged:
/�
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Brazos eCitation Solution
Brazos eCitation Products and Services
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct.
ILVP",.,, SOPHIA L. THOMAS
``"0,--l-.16
ri ' •.n:Notary Public,State of Texa9
Comm.Expires 06.23-2018
Notary ID 126488736 (�
4•�.,°;,�.�`� Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE �f
Sworn to and subscribed before me,by the said (�'� G �h awl ,this the day of t lam,
20to certify which,witness my hand and seal of office.
"1 r L
Sign ure of officer administering oath Printeh name of officer administering oath Title of officedadministering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883