R-1388 - 08/12/2014 - FINANCE - Resolutions RESOLUTION 2014-FI-MUNIS-AG-R-1388
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BY
AND BETWEEN THE VILLAGE AND TYLER TECHNOLOGIES, INC.
FOR AN ADDITIONAL SOFTWARE MODULE
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, the Village desires to purchase additional time and attendance software and training
services ("Software and Services"); 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 the Software and Services that will operate
in concert with the Village's current software, and consequently, the procurement of the Software and
Services are not suited for competitive bidding or competitive proposals, and
WHEREAS, Tyler and the Village entered into a certain Annual Support and License Agreement
for Munis Software dated September 20, 2013 ("Agreement"); and
WHEREAS, the Village desires to amend the Agreement to procure from Tyler the Software and
Services ("Amendment"), which Amendment is attached and incorporated herein as Exhibit A; 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 Amendment, and
to authorize the payment to Tyler for the Software and 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 Amendment. The President and Board of Trustees hereby approve
the Amendment 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 Village Clerk shall be, and
hereby are, authorized to execute the Amendment after receipt of the final Amendment fully executed by
Tyler.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2014-FI-MUNIS-AG-R-1388
Amendment to Tyler Technologies, Inc.Agreement
Page 2 of 3
APPROVED THIS 12th day of August, 2014 �_'`
CA 6.......,_".„0:
t
Gopal G. Lalmalani
Village President
PASSED THIS 12th day of August, 2014.
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
7;-" -a F ` ATTEST:ii,
Fd i'4,',:-.7 -..-Y 5 e,3i' Charlotte K. Pruss
t G Y £ 44n;- 1. "l Village Clerk pi
- 4
Resolution 2014-FI-MUNIS-AG-R-1388
Amendment to Tyler Technologies, Inc.Agreement
Page 3 of 3
EXHIBIT A
EXHIBIT A
AMENDMENT TO THE AGREEMENT
FOR MUNIS®SOFTWARE
THIS AMENDMENT ("Amendment") TO THE AGREEMENT FOR MUNIS®
SOFTWARE executed by the parties July 11, 2007 is made as of this/iday of September,
2014, by and between TYLER TECHNOLOGIES, INC. ("Tyler"), and the VILLAGE OF
OAK BROOK,ILLINOIS ("Village").
RECITALS
WHEREAS, Tyler and the Village entered into the Agreement for Munis® Software
pursuant to which Tyler agreed to provide to the Village licenses to software, professional and
software support services and updates.
WHEREAS, the parties now desire for the Village to procure from Tyler, and Tyler to
provide to the Village, the Munis Employee Self Service Module, software support services for
such Software, and training services, as more fully described in the attached Sales Quotation
attached hereto as Exhibit A (collectively, "Software and Services").
WHEREAS, the parties desire to amend the Agreement so that the procurement of the
Software and Services is governed by the terms and conditions in the Agreement except as
explicitly set forth herein.
NOW THEREFORE, for and in consideration of the recitals set forth above and other
good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby
acknowledged,the Parties hereto agree as follows:
A. Amendment of of the Agreement.Tyler and the Village acknowledge and agree that the
Agreement shall be amended to add "Mums Employee Self Service Module".
B. Compensation for Software and Services. The amount billed by Tyler for the
Software, Services, and first year of annual maintenance pursuant to this Amendment
shall be the amount set forth in Exhibit A. Tyler shall also invoice client for travel
expenses related to the provision of Services. Payment of fees and costs for the items
added to the Agreement pursuant this Amendment shall conform to the following:
a. License Fees. License fees of $6,000 shall be invoiced when Tyler makes the
software available for download by the Client;
b. Services fees. Services fees for the five (5) Implementation days, plus expenses,
will be invoiced as provided and/or incurred; and
c. The year one annual maintenance fee will be invoiced when the software is made
available for download, prorated for a term commencing on such date and ending
September 19, 2014.
Notwithstanding anything to the contrary in this Section B or Exhibit A, the total amount
invoiced to the Village under this Amendment shall not exceed $17,400 (not inclusive of
annual Maintenance renewals) without the prior express written authorization of the
Village Manager. In the event that Tyler finds it necessary or desirable to provide the
Village with any services that may cause Tyler to invoice the Village for any amounts in
excess of$17,400, Tyler will seek prior written authorization from the Village Manager
before providing such services.
C. Effect of Amendment. The Parties acknowledge and agree that this Amendment
modifies and amends the Agreement and the terms and provisions hereof shall supersede
and control over any contrary or conflicting terms and provisions set forth in the
Agreement. The Agreement, as amended by this Amendment, is hereby ratified and
remains in full force and effect.
IN WITNESS WHEREOF, the Village and Tyler have respectively executed this
Amendment to be effective as of the date first above written.
ATT TYLE! CI! OLOGIES,INC.:
1 By: � � By: ,,
Printed Name: Abby Diaz
JOEL P.LLOYD Title: Associate General Counsel
Notary Public,State of Maine
My Commission Expires Nov.2,2018 Date: September 15,2014
ATTE Ti VILLA OF 1�,�' 'OOK �
/ , / , , , , fa
By: ' By:
Village Clerk Village President
4 0 F d1q j' iji"Date: /6' ‘ — 01 /V
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EXHIBIT A
•
4���i# Coto , a?20
Qum E vireriar.: t`1035
Quote.tyrst• Vale*of Oak Brook-ERREreplY ee '4411-4a
Cetate:;ttlr:"1.1 2t=1-2-4 :a
Quote Det_o-ridoo, c:t5
Sale:Qas,zatfca.Far
ne.ap+e eft9ai b
3U10 aa3•Brook Pa
0 13reot.Mean FO a
Tyler Softwatse.and Related Services
Desonpbor. License 4npl.Days imp!.Cost Data Ccmrervom Module Tota■ rear tar*M.Mer,anoe
Productivity:
E3:pinyee Self Secv ce St.CZ,CD 5 1p 5..;7f.;0 S5:575.03 S0.00 S11375.00 S'. 110 3
TOTAL. 55.000.00 5 $5.875.00 S&OO $11.875.50 51,'00.lC
Ctitrr Services
Descnption Quemoy Urxt Pnae Una fksccunt Extended Pose
Estenated'a it e E«omits 1 $3.500.03...... 30 DO 53.500.CFs
SelrServicelnst allaSonFee-ClientHoetec(EaisttsoCustomers) t' $1.500.00 S0,00 $1,5x0.00
TOTAL: t5,000.00
Stbinmary One Time Fees Recurring Fees
?,^mot'.eler Software 50.000.00 31,0E0 00
-a of Tye e:rites 510,875.00 $00.00
-a::,rd=arty Hs,dw are,Software and Smvices S6 00
Summary Total $15.875..1100 $1.050.00
Summary One Time Fees Recurring Fees
Contract Tool S17.955 00
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