R-1288 - 08/27/2013 - FINANCE - Resolutions Supporting DocumentsITEM 9.A.3.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
August 27, 2013
SUBJECT: Contract Award ��-�Tyler Technologies - Annual Fin ncial Software Maintenance
FROM: Sharon Dangles, Finance Director; Blaine Wir Assistant Village Manager; and Jim Fox,
Assistant Director Information Technology
BUDGET SOURCE/BUDGET IMPACT: Information Technology Services Program -- Maintenance
Computers ( #151- 72500).
RECOMMENDED MOTION: We move to approve Resolution R -1288, "A Resolution Authorizing
the Execution of Agreements by and Between the Village and Tyler Technologies, Inc. for
MUNIS Support Services," and approve the Annual Support Agreements, and authorize the payment of
the support invoices (attached) for maintenance of the Village's financial software to Tyler Technologies,
Inc., Falmouth, Maine, for the total amount of $41,397.21, subject to attorney and staff review.
Background/History:
Tyler Technologies is the company that Village selected via a request for proposal process (RFP) in 2007
to provide our MUNIS Financial Software applications, so this is a sole source item. On an annual basis,
consistent with the contract between the Village and Tyler, we need to pay for various software support
and service items. The attached document provides the details the software modules and services.
This will be the fifth year of the agreement with Tyler Technologies with the proposed year (2013 -2014)
costing $41,397. The renewal numbers for 2013 -14 reflect a 5% increase over 2012 -13. The slightly
higher percentage rate increases are due to the fact we are coming off our original capped contract that
limited renewal increases to no more than 3% over the renewal periods for each of the initial three (3)
years, which effectively lowered our annual costs by 20% lower than the current market price; however,
going forward Tyler is recapturing some of that lost revenue by charging customers, including Oak
Brook, 5% or more instead of the 3 %.
Recommendation:
Staff recommends that the Village Board approve the attached resolution, support agreements, and
authorize the payment of invoices to Tyler Technologies for annual maintenance of our financial software
in the total amount of $41,397.21.
t
FINANCIAL SERVICES
ACCOUNTING /GUBUDGET /AP
ACCOUNTS RECEIVABLE
GENERAL BILLING
MUNIS OFFICE
PURCHASE ORDERS
REQUISITIONS
MUNIS HUMAN CAPITAL MANAGEMENT
HUMAN RESOURCES
PAYROLL
MUNIS CITIZEN SERVICES
NON - INSTALLED
INTEGRATED SERVICES
UPDATE LICENSING - UTILITY BILLING CIS
UTILITY BILLING INTERFACE
Munis Financial Software
Module Cost Summary
8/21/2013
2009 -10 2010 -11 2011 -12 2012 -13
Actual Actual Actual Actual
$5,656.51
$5,923.05
$6,219.20
$6,530.16
$1,286.53
$1,347.15
$1,414.51
$1,485.24
$584.60
$612.15
$642.76
$674.90
$975.68
$1,021.65
$1,072.73
$1,126.37
$1,501.12
$1,571.85
$1,650.44
$1,732.96
$975.68
$1,021.65
$1,072.73
$1,126.37
$1,501.12 $1,571.85 $1,650.44 $1,732.96
$2,262.20 $2,368.80 $2,487.24 $2,611.60
$1,403.85 $1,470.00 $1,543.50 $1,620.68
$536.47 $561.75 $589.84 $619.33
BUSINESS OBJECTS
BUSINESSOBJECTS $2,031.57 $2,127.30 $2,233.67 $2,345.35
TYLER CONTENT MANAGEMENT BE (TCM) $2,646.00
TYLER FORM PROCESSING SUPPORT $1,624.46 $1,701.00 $1,786.05 $1,875.35
GENERALSUPPORT
$20,339.78
$21,298.20
$22,363.11
$26,127.27
GUI UNLIMITED SUPPORT
$1,000.22
$1,108.80
$1,164.32
$1,222.56
OSDBA ADMINISTRATIVE SUPPORT
$5,071.00
$5,324.55
$5,590.78
$6,038.04
DISASTER RECOVERY
$5,071.00
$5,324.55
$5,590.78
$6,038.04
TOTAL ANNUAL PROGRAM COST $31,482.00 $33,056.10 $34,708.99 $39,425.91
2014 -15
Estimated
$7,199.50
$1,637.48
$744.08
$1,241.82
$1,910.59
$1,241.82
$1,910.59
$2,879.29
$1,786.80
$682.82
$2,585.75
$2,91722
$2,067.58
$1,347.86
$6,656.94
$6,656.94
$43,467.07
RESOLUTION 2013 -FI- MUNIS -AG -R -1288
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE
VILLAGE AND TYLER TECHNOLOGIES, INC. FOR MUNIS SUPPORT SERVICES
WHEREAS, the Village of Oak Brook ( "Village') previously contracted with Tyler Technologies,
Inc. of Falmouth, Maine ( "Tyler') for Tyler to provide the Village its proprietary MUNIS Financial Software
applications; and
WHEREAS, the Village's computer system and database is setup for Tyler's Munis System and
the Village would have to expend significant costs to transition its computer system and database to
another financial software package; and
WHEREAS, in order to continue to use the MUNIS financial system, the Village must enter into
an Annual Support Agreement and License Agreement, attached hereto and incorporated herein as
Exhibit A ( "Support Agreement'), with Tyler for Tyler to provide support and database administration
support services ( "Support Services') for the Village's MUNIS financial software; and
WHEREAS, Section 1 -7 -7 of the "Village Code of the Village of Oak Brook, Illinois," as amended
( "Village Code') provides that contracts, which by their nature are not adapted to award by competitive
bidding or competitive proposals may be exempted from the competitive bidding and competitive proposal
requirements contained on the Village Code; and
WHEREAS, Tyler is the only company that provides Support Services, and consequently, the
Support Agreement and Operating System Agreement are not suited for competitive bidding or
competitive proposals, and
WHEREAS, the President and Board of Trustees, being fully advised in the premises, have
determined that it is in the best interests of the Village and its residents to approve the Support
Agreement, Operating Agreement, and to authorize the payment to Tyler for its Support Services;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2: Approval of Agreement. The President and Board of Trustees hereby approve
the Support Agreement with Tyler in substantially the same form as attached as Exhibit A, and in final
form approved by the Village Attorney and Village Manager.
Section 3: Execution of Agreement. The Village President and the Village Clerk shall be,
and are hereby, authorized to execute the final Agreement on behalf of the Village.
Section 4: Effective Date. This Resolution shall be in full force and effect from and after its
passage by two- thirds of the Trustees and its approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
APPROVED THIS 27'h day of August, 2013
PASSED THIS 27`h day of August, 2013.
Resolution 2013- FI- MUNIS -AG -R -1288
Execution of Agmt. with Tyler Technologies, Inc.
For Munis Support Services
Page 2 of 3
Gopal G. Lalmalani
Village President
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2013- FI- MUNIS -AG -R -1288
Execution of Agmt. with Tyler Technologies, Inc.
For Munis Support Services
Page 3 of 3
EXHIBIT A
ANNUAL SUPPORT AGREEMENT AND LICENSE AGREEMENT
FOR MUNISO SOFTWARE
Invoice to:
Contact:
2551 Village of Oak Brook
Jim Fox
1200 Oak Brook Rd.
C
Address: Oak Brook, IL 60523
Telephone:
HR Management
630.368.5174
This Support and License Agreement ( herein " Agreement") is entered into between Village of Oak Brook
(Licensee) with its principal place of business at 1200 Oak Brook Rd., Oak Brook, IL
and Tyler Technologies, Inc., MUMS Division, (Licensor) with its principal place of business at 370 US Route One,
Falmouth, Maine, 04105 on this
20th dayof September 2013
The headings used in the Agreement are for reference purposes only and shall not be deemed a part of this Agreement.
The Licensee agrees to purchase and MUMS agrees to provide services for the products listed below in accordance with the
following terms and conditions.
L Term of Agreement
This Agreement is effective as of 09/20/13 and shall remain in force until 09 /19/14 (one -year term).
Upon termination of this Agreement the Licensee may renew the Agreement for subsequent one -year periods at the then
current fee structure as established by the Licenser.
D. Scope of the Agreement
Both parties acknowledge that this A ement covers both Support and Licensing for the roducts listed below, used by the
Licensee for the operations of: R CitylTownNillage O School II County O Otbef
(This Agreement is limited to only those entities marked.)
M. Payment
1. Licensee agrees to pay MUMS S 27,433.65 , for licensing and support services, as described below.
This payment is due and payable upon execution of the Agreement.
2. Additional charges. Any services performed by MUMS for the Licensee, which are not covered by the Agreement,
will be charged at the then applicable time rate'. All materials supplied in connection with such non- covered
maintenance or support will be charged to the Licensee. Any additional charges will be added to the next invoice
submitted to the Licensee and shall be due on the same data m the other charges included in that invoice.
IV. Covered Products
This Agreement is limited to the following listed products which are registered for Licensee's Windows 2012 Standard
system.
Application:
Application:
Acwunting/GLBG /AP
C
Accounts Receivable
C
General Billing
C
HR Management
B
Business Object Upgrade
C
MUNIS Office
C
Payroll
B
purchase Orders
C
Requisitions
C
Tyler Forms Processing
C
UB Interface
B
Utility Billing CIS
B
TCM SE
C
Licensee
I
Tyler Teclm �e 9
QRS Division
Richard E. Peterson KPnesident
Dam July 16, 2013
Current Billable Service Rates are available on request.
Races are subject to change and a contract for services or a Purchase Order is required to hold a quoted rate.
Licence's acceptance signature is optional. Paymentofthis eonowsby Licence signifies acceptance oftheterms and conditions
outlined herein. MUNIS will not accept any changes to this contract.
Revised 8/1/2007
V. Terms and Conditions for licensing:
1. Grant of License: Upon execution of this Agoenent, License is hcrcby granted the nonexclusive and non- trnnyferable licehssa ad
right muse the current version ofthe MUNIS Licensed Programs listed in Section N., and related materials This License will also
cover any additional revisions that Licensor- may release during the tern of this Agreement The Licensor agrees to emend and the
Licensee agrees to accept fieeae subject to the tams and conditions contained herein for the current version of the MUNIS software
products identified in Secdon IV.
2. Limited Use: The soawae products head are licensed for we only far the benefit of the Licrnsa listed in this Agreement .Fes
.license is registered for the Licensee's computer system identified in Section IV. As long as a current License and support Agreement
is in place, this License may be twoulic red to any other hardware system used for the benefit of Licensee. ficarsa agrees m notify
Licensorpmim m transferring the licared Products to my other system. The right mtraosfer this license is included in the cost ofthis
Agremnent. The teat fornew media or shryrequired technical assistance to accommodate the transfer would be billable charges to the
Lice¢tte.
3. Confidentiality: The Licenses agrees thinthe Products ampropriaaytu the Licewarrandhawbeen developed as am&seaetat the
Lico mofs expense The Licensee agrees to keep the software products confidential and use its best efforts to prevent any misuse,
unauthorized use or unauthorized disclosures by any party of any or all ofthe Products or atsompenyiog documentation.
4. Modification: The Products maybe modified bra such modification shall be mty for theuse on the Licence's system fm which the
Products arelitaused and shall not causethe Licenseeonanyoneperforating such modifi®Eonto gain any preprimary oroth,firt e,
in the Products.
5. Copies: The Licence may make copies ofthe licensed Products fm archive purposes only. The Licensee will repeat any proprietary
notice on the copy a the PmduC The doumentation accompanying the product may nut be copied except fm internal use
6. Warranty: Foras long nee cement mflwaresupport agreement is in place, the Licenorwill warrant that all MlNIss software
programs will operate n described in the brochures and user maousls ofMUNIS. Ifa program fails to operate in the memerdescribrd
within lone domments, the Licensorwill comer the problem aims charge m the Licensee. If Licensee has made modifications to the
mOwere programs, Licensor will no longer warrant the perftamance ofthose programs, which contain modifications, unless
specifically authorized in writing by the Licensor.
VI. Terms and Conditions for Support:
I. Scope of Services: MUNIS will provide the fallowing services far the benefit of the Liumsce.
s) MUNIS shall provide software -related telephone supportm the License. Support personnel will accept phone calls during
MUNIS's nomad working homs (8:00 A.M. to 6:00 P.M., Fasten Standard Trme, Monday though Friday) fm the tam ofthhis
Agreerrom, limited m a reasonable numberofcalis oftessonable duration. Assistance and support requests, which require
special assistance from MUNIS's develophnom group, swill be taken and directed by support personnel. in the event that support
representatives are unavailable to receive calls, messages will be taken and calls will be rmumed within one working day.
b.) MUNIS will continue m maintain a master sat ofthe commit computer programs re appropriate media, as well as hardoopy
printout of source code programs and docmnemaEon.
c.) MUNIS will maintain staNtlat is appropriately trained to be familiar with Licensee's software programs that are listed in Section
IV in order to render assistance, should it be required.
d.) MUNIS will Provide Licensee with all program enlm acaranm, modifications or updates that MUNIS may make to the than
Current Release ofthe program applications covered in this Agreement
eJ In the case ofsystem software new Relesse(s), the Licorice will also be required to pay whatever fees the mahhufecWrer Barges
to MUNISRathencer Release. License culderstanda that and agrees that six(6)months etceshipmeraby MUNIS ofnew
Releaser , MUNIS shall cease to support the earlier Release and forthe balance ofthe tern, MUNIS shall support the new
Rehes..
L) MUMS will make available appropriately trained personnel to provide Licee s, additional training, program changes, analysis,
conulmEoq recovery ofdam , conversion, raw-coverage mamanaoce service, roc., billable at die anent per diem rare. All
upenses will be billed in accordance, with the then current Tyler Travel Policy.
2. Limitatlon and Exclusions: The support and services ofthis Agreement do not include the following:
aJ Installation of the Licensed Sofwam, onsite support, application design, and other cansultng services, or, any support requested
outside afnomml business hours
b.) The Licensee shall be responsible for implementing a its upense all clangs to the Current Release. Licensee anderstads the
chromes furnished by MUNIS for the Current Software Relene are for implementation, in the Current Soliwee Release, nh
exists without eustombation or Licensee .Mormon.
3. Liana Respousibilitler.
a) The Licence shall provide, a no charge to MUNIS, full and flee access To the programs savored bem ender. working space;
adequate facilities within areasonsble distance firm the equipment; and use ofmachines, atadunents, feamrzs, or other
equipment necessary to provide the specified support and maintenance service.
b.) The Licenses shall install and maintain fur the duration ofthis Agra memt, a modem and associated dial -up telephone line or
other connection method acceptable To MUNIS. The Licarsee shall pay fm installation, maintenance and use ofsuch equipment
and associated telephone line use charges MUMS in its option, shall use this modern and Telephone line in eu necEon with error
wrreclion. Such access by MINIS shall be subject to prim approval by the Licensee in each instance.
4. Neo-A aignabiliry: The Licensee shall mac have the tight to assign or ransfc iw rights herandesto any party.
5. EICUSM Non Xxrtmrrnaace: MINIS shall not be responsible for delays in servicing thepmducts mvered by this Agreement caused
by strikes, lockouts,wogThelia iliwee,MUNISratregulations, fire, power failure,actsjusige arothcoausa be yond its enamel.
6. Limijktlon of Liability: The iiebdiry of MUNIS is hereby limiredmeclaim mremonryjudgementnor uacding die tool amount
paid by the Licensee for services under this Agreement THE LICENSEE SHALL NOT IN ANY EVENT BE ENTITLED TO, AND
MINIS SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
NATURE. EVEN IF MUMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF THE
NATURE OF THE LICENSEE'S CLAIM.
VIL General
1. Govereng Law: This agreement shall be governed by, and mmstrned in accordance with the laws of Clknfs stare ofdomicile. The
invalidity or cane fmccubility ofany provisions ofthis agreement shall notaffecl the validity orcrilmoability ofany other provision.
2. Madmcatlondlhis Contract: No modificationsoranendmmofthis Agreement shall beefT mtive unlesssetforth in writing and
signed by both the Liana and MUNIS.
3. Suspension: Support and services will be suspended whenever Licenser's accaum is thirty days overdue. Support and services will be
reinstated when Lioe nee's accuunt is made current.
4. Entire Agreement: THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN THE LICENSEE AND MUMS WHICH SUPERSEDES ALL PROPOSALS, ORAL OR WRITTEN,
AND OTHER COMMUNICATIONS BETWEEN THEM RELATING TO THE SOFTWARE SUPPORT AND MAINTENANCE
SERVICE OF THE PRODUCTS COVERED BY THIS AGREEMENT.
5. Trademarks: MUMS and the MUNIS Logo are registered trademarks ofTyler Technologies, Inc.
Revised S/l/2007