HomeMy WebLinkAboutContract 49492-A1 CSC No.49492-A1
FIRST AMENDMENT TO
FORT WORTH CITY SECRETARY CONTRACT NO. 49492
This First Amendment to Fort Worth City Secretary Contract No. 49492 ("First
Amendment") is made between the City of Fort Worth ("Client"), a municipal corporation and
Tyler Technologies, Inc., a Delaware corporation ("Tyler").
WHEREAS, Client and Tyler entered into an License and Services Agreement identified
as Fort Worth City Secretary Contract No. 49492 beginning August 10, 2017 (the "Agreement");
and
WHEREAS,it is the collective desire of both Client and Tyler to amend the Agreement to
include additional terms and conditions.
NOW THEREFORE, known by all these present, Client and Tyler, acting herein by and
through their duly authorized representatives, agree to the following terms, as follows:
a. Section 1 of Exhibit C —Maintenance and Support Agreement is hereby amended
by deleting said section in its entirety and substituting the following in lieu thereof:
1. Term. Tyler provides 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 may be renewed for an unlimited number of one
(1) year renewal periods at the mutual agreement of the parties, each a "Renewal
Term." Client shall provide Tyler with written notice of its intent to renew at least
thirty (30) days prior to the end of each term. Client's payment of a maintenance
and support renewal invoice shall be deemed to be Client's consent to renew.Tyler
will adjust the term to match Client's first use of the Tyler Software in live
production if that event precedes the one(1)year anniversary of the Effective Date.
b. The Agreement is hereby amended by adding the following sections to the
Agreement:
2. Compensation. Client shall pay Tyler an amount not to exceed Six
Hundred Eighty-Two Thousand, Seven Hundred and Thirty-Six Dollars and 0/100
($682,736.00) for the initial configuration and implementation in accordance with
the provisions of this Agreement. For clarity, such not to exceed amount includes
maintenance and support fees for the first annual term of the Agreement.
Subsequent maintenance and support fees are included in the not to exceed amount
for each Renewal Term as set forth below. For each Renewal Term,the Client shall
pay an amount not to exceed One Hundred Thousand and 0/100 ($100,000.00)
unless otherwise mutually agreed to by the parties in writing. Maintenance and
support fees shall not increase by more than 3% per year, year over year unless
otherwise mutually agreed to by the parties in writing. Tyler shall not perform an
OFFICIAL RECORD
CITY SECRETARY
First Amendment to Fort Worth City Secretary Contract No.49492 FT. WORTH, TX
additional services for Client not specified by this Agreement unless Client requests
and approves in writing the additional costs for such services. Client shall not be
liable for any additional expenses of Tyler not specified by this Agreement unless
Client first approves such expenses in writing.
3. Sovereign Immunity. Nothing herein constitutes a waiver of City's
sovereign immunity. To the extent the Agreement requires City to waive its rights
or immunities as a government entity; such provisions are hereby deleted and shall
have no force or effect.
4. Data Breach. Tyler will report data breaches, as such breaches are
defined by applicable law, and take all other required actions as required by, and in
accordance with, all applicable State and Federal data breach notification laws.
5. Amendment Controlling. If any provisions of the attached
Agreement conflict with the terms herein, the terms in this Amendment shall
control.
6. Network Access.
a. Federal Law Enforcement Database Access. If Tyler, or any Tyler
personnel, requires access to any federal law enforcement database or any federal
criminal history record information system,including but not limited to Fingerprint
Identification Records System ("FIRS"), Interstate Identification Index System
("III System"), National Crime Information Center ("NCIC") or National
Fingerprint File ("NFF"), or Texas Law Enforcement Telecommunications
Systems("TLETS"),that is governed by and/or defined in Title 28,Code of Federal
Regulations Part 20 ("CFR Part 20"), for the purpose of providing services for the
administration of criminal justice as defined therein on behalf of the Client or the
Fort Worth Police Department, under the Agreement, Tyler shall comply with the
Criminal Justice Information Services Security Policy and CFR Part 20, as
amended, and shall separately execute the Federal Bureau of Investigation Criminal
Justice Information Services Security Addendum ("Security Addendum"). No
changes, modifications, alterations, or amendments shall be made to the Security
Addendum. The Security Addendum must be executed as is, and as approved by
the Texas Department of Public Safety and the United States Attorney General.
7. No Boycott of Israel. Tyler acknowledges that in accordance with
Chapter 2270 of the Texas Government Code, Client is prohibited from entering
into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract. The terms "boycott Israel"
and"company"shall have the meanings ascribed to those terms in Section 808.001
of the Texas Government Code. By signing this Amendment, Tyler certifies that
Tyler's signature provides written verification to Client that Tyler: (1) does not
boycott Israel; and(2) will not boycott Israel during the term of the Agreement.
First Amendment to Fort Worth City Secretary Contract No.49492 Page 2 of 4
8. Right to Audit. Tyler agrees that Client shall,until the expiration of
three (3) years after final payment under the Agreement, have access to and the
right to examine any directly pertinent books, documents, papers and records of
Tyler involving transactions relating directly to the Agreement. For clarity, in no
event shall such audit include access to Tyler's personnel and employee records.
Tyler agrees that Client shall have access during normal working hours to such
records at a Tyler office,to be mutually agreed upon by the parties, and Client shall
be provided adequate and appropriate workspace in order to conduct audits in
compliance with the provisions of this section. Client shall give Tyler reasonable
advance notice of intended audits. Such audits shall be limited to once per year and
shall be at Client's expense.
C. The Agreement is hereby amended by deleting the second and third recitals of the
Agreement in their entirety and substituting the following in lieu thereof:
a. WHEREAS, Tyler participated in the competitive bid process in response to
Sourcewell RFP 9090320 by submitting a proposal, on which Sourcewell
awarded Tyler a Sourcewell contract, numbered 090320-TTI, hereinafter the
"Sourcewell Contract";
b. WHEREAS, documentation of the Sourcewell competitive bid process, as well
as Tyler's contract with and pricing information for Sourcewell is available at
hlt2s://sourcewell-mn.gov/coo]2erative-purchasing ;
d_ All other terms,provisions,conditions,covenants and recitals of the Agreement not
expressly amended herein shall remain in full force and effect.
[Signature Page Follows]
First Amendment to Fort Worth City Secretary Contract No.49492 Page 3 of 4
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort 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
By: Valerie Washington(Aug 11,2021 12:08 CDT) and reporting requirements.
Name: Valerie Washington
Title: Assistant City Manager
Date: Aug 11) 2021 By: Steven Vandever(Aug 10,2021 13:59 CDT)
Name: Steven Vandever
Approval Recommended: Title: Acting Sr. IT Solutions Manager
Approved as to Form and Legality:
By:
Name: Kevin Gunn,,,
Title: Director,IT Solutions o444va���� By:
O�oFORr�oad Name: Taylor Paris
Attest: 0 j.° °9� Title: Assistant City Attorney
O
Avg a=d
gyp' 000 oo��c�� Contract Authorization:
(
By:
Name: Ronald Gonzales
Title: Acting City Secretary
VENDOR:
Tyler Technologies, Inc.
By: "_
Name: Sherry gfrk
Title: Senior Corporate Attorney
Date: August 9, 2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
First Amendment to Fort Worth City Secretary Contract No.49492 Page 4 of 4
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Tyler Technologies
Sourcewell
Awarded Contract Public Administration Software
9090320-TTI
Maturity Date: 11/02/2024
Products & Services Contact Information
Contract Documents Vendor Contact Information
Pricing To purchase off this contract or for questions regarding products and
pricing, please contact:
Contact Information
Ehren Morse, Sales Operations Manager
Phone: 800-772-2260 4662
Email: ehren.morsegatylertech.com
Sourcewell Contact Information
For questions regarding contract documentation or the solicitation
process, please contact:
Michelle Spychalla, Supplier Development Administrator
Phone: 218-895-4173
Email: michelle.spychallagasourcewell-mn.gov
Lindsey Meech, Supplier Development Specialist
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Phone: 218-895-4123
Email: lindsey.meechgsourcewell-mn.gov
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