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HomeMy WebLinkAboutContract 49492-A8CSC No. 49492-A8 AMENDMENT NO. 8 TO CITY OF FORT WORTH CONTRACT 49492 This Eighth Amendment is entered into by and between the City of Fort Worth (hereafter 'Buyer"), a home rule municipality, with its principal place of business at 200 Texas Street, Fort Worth, Texas, and Tyler Technologies, Inc. ("Vendor"), Buyer and Vendor may be referred to individually as a Party and collectively as the Parties. WHEREAS, on August 10, 2017, the Parties entered into City Secretary Contract 49492 to provide Brazos eCitation Software and Implementation Services ("Agreement/Contract"); WHEREAS, the Parties wish to amend the Agreement to increase the total contract amount by $25,000.00 to purchase additional hardware and software. NOW, THEREFORE, the Parties, acting herein by and through their duly authorized representatives, enter into the following agreement: 1. AMENDMENTS The Agreement is hereby amended by adding Exhibit A-7, attached to this Eighth Amendment, to increase the total contract amount by $25,000.00 to purchase additional hardware and software for a total contract amount of $2,084,716.00. 2. ALL OTHER TERMS SHALL REMAIN THE SAME All other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect. 3. ELECTRONIC SIGNATURE This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. A facsimile copy or computer image, such as a PDF or tiff image, or a signature, shall be treated as and shall have the same effect as anoriginal. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Eighth Amendment to Fort Worth City Secretary Contract No. 49492 Page 1 of 2 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Valerie Washington (Aug 14, 202311:06 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Aug 14, 2023 APPROVAL RECOMMENDED: /- - By: / Name: Kevin Gunn Title: Director, IT Solutions Department 4.p440RQ�� ATTEST: p�� FORT°�dd P°8 o=d ,� *� A n %J P�an�FXAga4o U �Unana'o' By: Name: Jannette Goodall Title: City Secretary VENDOR: Tyler Technologies, Inc. By: 1�7)WZ41 L Name: $ferry Clark Title: Group General Counsel Date: 7/31 /23 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. By: Steven Vandever (Aup 10, 2023 09:28 CDT) Name: Steven Vandever Title: Sr. IT Solutions Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0614 Approved: 8/8/2023 1295: N/A ATTEST: By: Name: Rachel Mehlsak Title: Corporate Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Eighth Amendment to Fort Worth City Secretary Contract No. 49492 Page 2 of 2 Exhibit A-7 •ty e •• technologiies INVESTMENT SUMMARY Tyler Software Services Third -Party Products Other Cost Travel Total One -Time Cost Annual Recurring Fees/SaaS Tyler Software Maintenance 2023-385960-L4C6N0 $ 1,530 $0 $ 5,416 $0 $ 6,946 $ 119 $ 357 • ty jer hnologies Sales Quotation For: City of Fort Worth 1000 Throckmorton St Fort Worth, TX 76102-6311 Phone: +1 (817) 871-8334 Quoted By: Lisa McKenzie Quote Expiration: 8/5/23 Quote Name: 2023-385960 Additional Panasonic N1 Ticket Writer ZQ521 Steven.Garland@fortworthtexas.gov Sourcewell (formerly NJPA) Shipping Address: Contract#:090320-TTI Tyler Technologies. Category: Technology, Security & Communication Solutions City Of Fort Worth Description: Administrative Software 311 W 10th Street ATTN Steve Garland Maturity Date: 11/2/2024 Fort Worth, TX 76102-2004 Quoted Software reflects 10% off MSRP License REF License - Android [2] $ 1,700 $ 170 $ 1,530 $ 357 Total $ 1,700 $ 170 $ 1,530 $ 357 TOTAL $ 1,700 $ 170 $ 1,530 $ 357 Annual / SaaS Hosting Fee 2023-385960-L4C6N0 Page 1 Hosting Fee Services FZ-NIEBJZZKM / Panasonic, N1, 9.0 w/data and voice, long life battery FZ-VSTN11BU / Panasonic, N1, Handstrap ZQ52-BUE0000-00 / Zebra, Printer, ZQ521 P1031365-024 / Zebra, ZQ500, Wall Charger P1063406-035 / Zebra, ZQ500, Shoulder Strap rugged metal clips P1063406-040 / Zebra, ZQ500, Belt Clips (set of 5) Summary Total Tyler Software Total Annual Total Tyler Services 2023-385960-L4C6N0 TOTAL TOTAL TOTAL One Time Fees $ 1,530 $0 $0 $0 $0 2 $ 1,577 $ 3,154 $ 0 $ 0 10 $44 $440 $0 $0 2 $ 630 $ 1,260 $ 0 $ 0 2 $66 $132 $0 $0 10 $37 $370 $0 $0 2 $30 $60 $0 $0 $ 5,416 $ 0 Recurring Fees $ 357 $ 119 $0 Page 2 Total Third -Party Hardware, Software, Services Summary Total Contract Total $ 5,416 $ 0 $ 6,946 $ 476 $ 7,422 Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later. Customer Approval: Date: Print Name: P.O.#: Comments Agency is responsible for paying any applicable state taxes. Contract total does not include tax. Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms: • License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;•Fees for hardware are invoiced upon delivery;•Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement. • Fees for services included in this sales quotation shall be invoiced as indicated below. 2023-385960-L4C6N0 Page 3 - Implementation and other professional services fees shall be invoiced as delivered. - Fixed -fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. - 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, Tyler will invoice Client the actual services delivered on a time and materials basis. - 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 shall be invoiced upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning. - If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. - Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go -live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go -live of the first product suite. • Expenses associated with onsite services are invoiced as incurred. RETURN POLICY: When Hardware is included, Tyler will accept return of delivered hardware only within thirty (30) days of the date of delivery to you, and only if the hardware is returned sealed in its original packaging. Tyler will not issue any refund or credit for returned hardware that is not sealed in its original packaging and/or returned more than thirty (30) days after the date of delivery to you. 2023-385960-L4C6N0 Page 4 M&C Review Page I of 3 A CITY COUNCIL AGEND Create New From This M&C DATE: 8/8/2023 REFERENCE **M&C 23- NO.: 0614 CODE: C TYPE: CONSENT Official site of the City of Fort Worth, Texas FoRT WORTH 04TYLER TECHNOLOGIES LOG NAME: ECITATION SOFTWARE AND HARDWARE PUBLIC NO HEARING: SUBJECT: (ALL) Authorize a Contract Amendment to City Secretary Contract No. 49492 with Tyler Technologies, Inc. in the Amount of $25,000.00 Using a Cooperative Agreement for a Total Annual Contract Amount of $2,084,716.00 for the Information Technology Solutions Department RECOMMENDATION: It is recommended that City Council authorize a contract amendment to City Secretary Contract No. 49492 with Tyler Technologies, Inc. in the amount of $25,000.00 for additional hardware and software using cooperative agreement Sourcewell Contract No. 090320-TTI, for a total annual contract amount of $2,084,716.00 for the Information Technology Solutions Department. DISCUSSION: On August 1, 2017, City Council approved Mayor and Council Communication (M&C) P-12078 for an Electronic Citation Solution with Tyler Technologies, Inc. using a cooperative agreement for a total contract amount of $682,736.00 and approximately $70,000.00 for maintenance the second year. February 1, 2022, the City executed City Secretary Contract (CSC) No. 49492 Amendment No. 2 to add 128 eCitation software licenses in the amount of $99,328.00. On March 29, 2022, the City executed CSC 49492 Amendment No. 3 to add two eCitation printers at a one-time cost of $5,084.00. On June 9, 2022, the City executed CSC 49492 Amendment No. 4 to add two eCitation software licenses in the amount of $1,600.00 with a recurring cost of $448.00. After the fourth amendment, the total contract price was $789,196.00 City Council approved M&C 22-0469 on June 14, 2022, to purchase additional eCitation software licenses and associated hardware in the amount of $1,185,336.00, including $75,583.00 in recurring costs, and authorized four (4) one-year renewals in an amount up to $250,000.00 annually, for a new total contract authorization of $2,050,115.00. Thereafter, the City executed Amendment No. 5 on June 21, 2022. On August 9, 2022, the City executed CSC 49492 Amendment No. 6 to add printers and batteries at a cost of $2,595.00. The total amount of the contract following execution of Amendment No. 6 was $2,052,710.00. CSC 49492 Amendment No. 7 added Panasonic hardware and accessories for a one- time cost of $6,530.00 and a recurring cost of $476.00. The total amount of the contract is currently $2,059,716.00. This M&C is to request authorization to execute CSC 49492 Amendment No. 8 in the amount of $25,000.00 for additional eCitation hardware and software using cooperative agreement Sourcewell Contract No. 090320-TTI. This M&C will also clarify the total not -to -exceed amount of the contract, not stated in previous M&Cs. Upon City Council approval and execution of CSC 49492 Amendment No. 8 the total amount of the contract will be $2,084,716.00. Funding is budgeted in the Other Contractual Services account of the TPW Parking Meters Department within the Municipal Parking Fund. http://apps.cfwnet.org/council_packet/mc review.asp?ID=31241&councildate=8/8/2O23 8/9/2023 M&C Review Page 2 of 3 COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies any state law requiring that the local government seek competitive bids for the purchase of items. Sourcewell contracts are competitively bid to increase and simplify the purchase power of government entities. SUCCESSOR CONTRACTS: In the event the Sourcewell contract is not renewed, staff would cease purchasing at the end of the last purchase agreement coinciding with a valid Sourcewell agreement. If the City Council were to not appropriate funds for a future year, staff would stop making purchases when the last appropriation expires, regardless of whether the then -current purchase agreement has expired. The City will initially use the Sourcewell contract to make purchases authorized by this M&C. Sourcewell Contract No. 090320-TTI is set to expire November 2, 2024. If Sourcewell Contract No. 090320-TTI is extended, this M&C authorizes the City to purchase similar equipment and supplies under the extended contract. If Sourcewell Contract No. 090320-TTI is not extended but Sourcewell executes a new cooperative contract with Tyler Technologies, Inc. and with substantially similar terms, this M&C authorizes the City to purchase the equipment and supplies under the new Sourcewell contract. If this occurs, in no event with the City continue to purchase goods and services under the new agreement for more than three (3) years without seeking Council approval. BUSINESS EQUITY: A goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERM: Upon City Council's approval, this agreement shall begin upon execution of the contract amendment and expire in accordance with the terms and conditions of the Sourcewell contract. RENEWAL TERMS: This Agreement may be renewed up to three (3) one-year renewal terms in accordance with the terms and conditions of the Sourcewell cooperative contract. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. I91h*97_1111111ki1Me] NLy,F_119IQkgMa=1A91911a_119IQkgI The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the Municipal Parking Fund to support the approval of the above recommendation and execution of a contract amendment. Prior to any expenditure being incurred, the Information Technology Solutions Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for Citv Manager's Office bv: Oriqinatinq Department Head: Additional Information Contact: Program Activity Budget Reference # Year (Chartfield 2) Valerie Washington (6192) Kevin Gunn (2015) Mark DeBoer (8598) Amount http://apps.cfwnet.org/council_packet/mc review.asp?ID=31241&councildate=8/8/2O23 8/9/2023