HomeMy WebLinkAbout07. Approve Amend. Agrmt. for Software Upgrade & Maint. Svcs w-Tyler TechnologiesAPpRoVel) 13V
TO HONORABLE MAYOR AND MEMBERS OFT E CITY COU V`
FROM: OFFICE OF THE CITY MANAGER
BY: CARL D. CHARLES, CHIEF OF POLICE
11 1111111111111111111111,11111, 111 i 1 01 1
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That the City Council:
1. APPROVE rTECHNOLOGIES
AMENDING i 1 STANDARD SOFTWARE LICENSE AND SERVICES
AGREEMENT r AUTHORIZE THE CHIEF OF POLICE TO EXECUTE THE
AMENDMENT AND
2. APPROVE SUPPORT/MAINTENANCE f SUPPORT
TYLER TECHNOLOGIES AND AUTHORIZE OF POLICE TO
EXECUTE THE AGREEMENT.
The Police Department has utilized New World Systems since 2002 as the department's
Computer Aided Dispatch (CAD) and Record's Management System (RMS) to enter and track
all incident reports, crime reports, and calls for service.
Due to the rising annual maintenance cost associated with the software, and the funding
required to "upgrade" the New World System to bring the software up-to-date, in 2016 the
Department began exploring the possibility of using another CAD and RMS provider, Mark43. In
2017, an attempt was made to transition to Mark43 to maintain the Department's records, but
after a thorough review it was determined the company's software was insufficient and New
World Systems was the best product for managing this critical data.
In addition to New World Systems having the most applicable software for the Downey Police
Department, it is also capable of being fully integrated with the recently proposed "On-line"
report filing project that was approved by Council in September, 2017. In addition, the proposed
updates to the New World System include the ability for officers to write reports in the field
instead of having to respond to the police station to do so. Some other notable proposed
updates from the New World CAD and RMS software include: integrated mapping (GPS)
software that will allow the department to reduce response times, a more streamlined
investigations tool to assist Detectives with their case management, and an analytics tool that
will provide command staff with quick access to identify crime trends throughout the city.
UPGRADE r MAINTENANCE SERVICE AGREEMENT
JANUARY 23, 2018
In 2015, New World Systems merged with Tyler Technologies ("Tyler") which the City approved
in 2016. Under an assumption and assignment agreement, Tyler assumed all of the contractual
obligations of New World under the City -New World Agreements. The new agreements
presented herein are with Tyler as the new vendor.
The Council will consider the approval of the Amendment Agreement with Tyler which amends
and updates the 2002 Standard Software License and Services Agreement with the former
vendor, New World Systems. Moreover, the Council will consider approval of the
Support/Maintenance and Support Agreement with Tyler which replaces in its entirety the
Standard Software Maintenance Agreement approved by the Council in 2016. The new Tyler
Maintenance and Support Agreement reflects the re -negotiated rates and terms achieved by the
Department (described below).
Under the current Software Maintenance Agreement, the annual maintenance costs over the
next 5 years are expected to reach $185,530 in 2022. As a result, the Department began a
lengthy negotiation process with Tyler (as the successor vendor to New World) to upgrade our
current Software while also bringing down the annual maintenance cost.
We were able to come to an agreement with Tyler that would allow us to obtain their latest
upgrades, while cutting the annual maintenance fees substantially. The projected savings over
the next five years will cover all the costs associated with the Tyler upgrade. See below for
further:
Projected Savings underthe New T ler Contract
Date Due
02/01/2018
02/02/2019
02/01/2020
02/01/2021*
1 02/01/2022*
Total.
Current Contract
$164,840
$169,790
$174,880
$180,126
$185,530 -
$875,166
Proposed Contract
$100,000
$103;000
$106,090
$109,272
$112,550
$530 912
Savin s
$64,840
$66,790
$68,790
$70,854
$72,980
$344,254
*Years 2021 and 2022 are projected at this time since Tyler does not provide 5 -year maintenance agreements.
In an effort to spread the costs associated with this upgrade over two years, Tyler has agreed to
defer the software costs associated with the project to the 2018-2019 budget year. This allows
the Department to immediately purchase the required hardware necessary to support the
upgrade.
In order to move forward with the Tyler upgrade the following funding will be needed for the
2017-2018 and 2018-2019 budget years:
2017-2018:
$120,000 for required` hardware and licensing
100 000 for annual service agreement for Tyler
$220,0001
2018-2019:
$204,3752 for Tyler software upgrades described above
$1,03,000 for the annual service agreement for Tyler
$307,375
2
ri i •' i i' I! i
UPGRADE AND MAINTENANCE SERVICE AGREEMENT
JANUARY 23, 2018
7WITWIMIM
2017-2018:
The 2017-2018 budget year has $240,000 allocated for the department's RMS and CAD
systems. Because of this, there is a surplus of $20,000. Funding will come from account number
10-4-2110-0700.
2018-2019:
The funding amount for Tyler software upgrade during the 2018-2019 budget year ($204,375)
will come through Measure "S" funding (Account number 33-4-2110-0144). The annual service
agreement amount of $103,000 will come from the general fund, as it has done in years past
(Account number 10-4-2110-0700).
The two year cost for the upgrade includes: $120,000 for hardware and $204,375 for the
updated Tyler software which totals: $324,375. The projected 5 -year savings attributed tothe
reduced annual maintenance fees and the budget surplus during the current budget year for the
department's RMS services ($20,000) results in an overall projected savings of $39,879 for this
upgrade.
2019-2020:
The annual maintenance fees listed above under the new annual service contract would come
from the general fund (Account number 10-4-2110-0700).
ATTACHMENTS:
• TYLER CONTRACT AMENDMENT
• TYLER SUPPORT AGREEMENT
3
This amendment ("Amendment") is effective as of the date of signature of the last party to sign as indicated below
("Amendment Effective Date") by and between Tyler Technologies, Inc., a Delaware corporation with offices at 840 West
Long Lake Road, Troy, MI 48098 ("Tyler") and the City of Downey on behalf of the Downey Police Department, with
offices at 10911 Brookshire Avenue, Downey, CA 90241
WHEREAS, Tyler and the Client are parties to a License Agreement with an effective date of April 30, 2002 (the
"Agreement");
WHEREAS, Tyler and Client now esiretoamendt eAgreement;
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows.
1. The "Deleted Standard Software" set forth in Section A of Amendment Exhibit I is hereby removed from the
Agreement, and Client's license thereto shall cease when the "Replacement Evergreen Standard Software" and
"Added Standard Software", set forth in Amendment Exhibit 1 and hereby added to the Agreement, has been
moved to a live production environment. Project management, implementation and training services associated
with the upgrade will be provided according to the terms of Schedule(s) 1 to Amendment Exhibit 2.
Z The following payment terms shall apply:
a. Additional software fees as set forth in Amendment Exhibit I will be invoiced 100% on the Amendment
Effective Date.
b. Associated maintenance and support fees (including Esri) for the Replacement Standard Software will
remain unchanged from the Deleted Standard Software. Associated maintenance and support fees for
the Added Standard Software listed in Amendment Exhibit 1 will be invoiced on a pro rata basis for the
period beginning on the first day of the month following the Amendment Effective Date through the end
of the current maintenance term and thereafter in a lump sum amount together with Client's then -
current maintenance and support fees for previously licensed software. On an annual basis thereafter,
Tyler will invoice Client its then -current annual maintenance and support fees.
c. Additional Implementation and other professional services (including training) are billed and invoiced as
delivered, at the rates set forth in the Investment Summary.
d. Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the
service. Project Management services, if any, will be billed monthly in arrears, beginning on the first day
of the month immediately following the Effective Date.
e. Conversions: Fixed -fee conversions are invoiced 50% upon acceptance of the Conversion Analysis
Document, and 50% upon initial delivery of converted data.
f. Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we
make it available to you for downloading.
g. Travel expenses shall be invoiced as incurred, asapplicable.
3. This Amendment shall be governed by and construed in accordance with the terms and conditions of the
Agreement.
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Amendment as of the date of
signature of the last party to sign as indicated below.
Tyler Technologies, Inc. City of Downey on behalf of the Downey Police Department, CA
By,
Name: Greg ,5eb-a§jjap Name:
Title:
Date:
FA I 14.1 a
CITY CLERK
APPROVED AS TO FO
ATTORNEY ORNEY
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the Agreement. This Investment Summary Is effective as of the Effective Date.
1052-ISAIAO I I I eCAD Upgrade(] 7A IF 1218)executable.doc age
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CITY OF DOWNEY POLICE DEPARTMENT, CA
December 18, 2017
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A. License Fees
1) Licensed Standard Software
2) Less Evergreen Discount
nffmm��M
C. Third Party Products and Services
D. Travel and Living Expenses (Estimate)
$23,000
$255,390
(128,390)
(104,000)
147,375
9,000
48,000
TOTAL ONE TIME COST S227,375
E. Maintenance and Support Fees
1) Maintenance and Support Services -
Includes Emergency 24/7 Maintenance for CAD only
Year 1 maintenance 6,720
N
was - 1 0 I'' "''N' '111 FIr"
'I's Viti
hardware servers or workstations.
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CAD
1. New World MSP Single Jurisdiction Law Enforcement Computer Aided Dispatch
Call En"
-Call Control Panel
Unit Recommendations
Unit Control Panel
Call Stacking
- CAD Messaging
- Call Scheduling
- Dispatch Questionnaire
- GIS/Geo-File Verification
- Hazard and Location Alerts
- Access to New World LE Records
- Note Pads
2. Additional New World MSP Software for Computer Aided Dispatch
CAD Mapping
CAD AVL
LPN",
- Netclock/2 interface MSP
- E-911 Interface
On -Line Modules
- On -Line CAD Interface to State/NCIC
Includes state -specific s tandard forms
(Workstations included in CAD Base -17)
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9N (Workstations included in CAD Base - 17)
4. Now World Enterprise Single Jurisdiction Law Enforcement Computer Aided Dispatch $84,390
CAD Mapping
Call Entry
Call Control Panel
Unit Recommendations
Unit Control Panel
Call Stacking
CAD Messaging
Call Scheduling
Dispatch Questionnaire
GIS/Geo-File Verification
Hazard and Location Alerts
Access to New World LE Record$
Note Pads
Proximity Dispatch (requires CAD AVL and Mobile)
S. Additional New World Enterprise Software for Computer Aided Dispatch
- CAD AVL 13,000
6. New World Enterprise Third Party Interface Software
E-911 Interface 14,000
On -Line CAD Interface to State/NCIC 17,000
includes state-spedfic standard forms
SUB -TOTAL CAD MODULES =$1=281390
tmtU4�
J&W KKEgJ14t01_RLQQ&D_S
7. New World Third Party LE Records Interface software
Citizen Reporting interface
23,000
supports copLogic
COPLINK Interface
23,000
On -Line Global Subjects interface to State/NCIC
17,000
SUB -TOTAL RECORDS MODULES $63000
L)J_CI5JgN SUPE( SO ARE
S. CAD Data Mart
- Includes 10+ users
24,000
CAD Dashboards 20,000
1, SUB -TOTAL DECISION SUPPORT MODULES
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MQUILMNALK
9. New World Field -Based Reporting Software (50 Units) 20,000
LE Field Reporting (Federal Standards) 400 ea. 20,000
Incident (I form)
Case (I form)
Arrest (I form)
Supplement (I form)
Impound Vehicle (I form)
L_ SUB -TOTAL MOBILE MODULES
STANDARD NEW WORLD SOFTWARE LICENSE FEE $2SS1390
LESS EVERGREEN DISCOUNT (128,390)
LESS CUSTOMER LOYALTY SOFTWARE DISCOUNT (104,000)
TOTAL TYLER SOFTWARE LICENSE FEES DUE
PROFESSIONAL SERVICES
1. Project Management Services as required: $17,135
Project Management
Overall consultation and communication
Monthly status reports and project updates throughout the duration of the project
Implementation Plan
2, Enterprise CAD Fixed Implementation Services Fees 19'800
Software Tailoring and Set Up 6o600
User Education and Training 6,600
* Assumes no more than 40 users to betralned
Go Live Support 6,600
*Assumes single dispatch center or command center Go Live approach
3. Enterprise Mobile Upgrade Service Fees:
Annficationsm be 116gradod; 12,470
Messaging only 8,120
Mapping and/or Routing and /or AVL 4,350
4, Up to 260 hours of Mobile Field -Based Reporting Implementation and Training Services are included for; 37,700
-Software Tailoring and Set Up
User Education and Training
Other Technical Support
*Assumes train -the -trainer approach
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5. Systems Assurance and Software Installation
New World Enterprise Standard Environment 13,200
- Configure application servers
- Consult an connectivity to new or existing Windows environment-
- Verify operating system and SQL configuration
- Verify workstation configuration
Message Switch Installation Support to include; 4,400
Reconfiguration at go -live from MSP CAD to Enterprise CAD - Configure system
variables (i.e., operating system, interfaces, etc.)
Migrate all application software and agency data
S. Fixed Installation Service Fees;
911 Interface
880
State/NCIC
4,400
On -Line CAD Interface to StateINCIC
1,760
Citizen Reporting Interface
2,320
CopLink Interface
5,800
On -Line Global Subjects Interface to State/NCIC
1,160
NCIC Parsing (CAD)
2,640
NCIC Parsing (Mobile)
2,640
Interface Go -Live Support
880
Interface Post -Live Support
880
Migrate LERMS Interfaces
1,760
GIS Implementation
-New World Enterprise
8,800
7. Decision Support Software Implementation Services; (CAD)
Installation of standard library components (cubes and dashboards)
Training with data and reporting cubes
Training on use of data mart for custom report building
Requires up to 2 on-site trips - remaining work will be completed remotely
8. Data File Conversion Pricing Estimates
- CAD /Call for Service
TOTAL IMPLEMENTATION SERVICES $147i375
EM
umf
EM
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1. THIRD PARTY PRODUCTS AND SERVICES
THIRD PARTY SOFTWARE
a. GIS Software $9,000
CAD
- Esti 10.2 9,000
Server (1 unit)
CAD (17 units)
Mobile (S units)
TOTAL T HIRD PARTY PRODUCTS AND SERVICES
1. TRAVEL AND LIVING EXPENSES (Estimate)
Estimated 24 trips at $2,000 per trip. $48,000
7—
F77777 _ I
TOTAL ONE TIME COST
1. MAINTENANCE AND SUPPORT AGREEMENT (Year 1 Cost),
Associated Maintenance and Support fees will be added to the Client's current Maintenance and
Support Agreement and will be invoiced an a pro rata basis beginning on the first day of the month
following Amendment Effective Date, and thereafter in a lump sum amount together with Client's then -
current maintenance and support fees for previously licensed software. (includes Exhibit A Esr!
Integration for the Esri software that Is part of Exhibit A Licensed Software.)
Year I Malntenance: $6,720
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Pricing Assumptions
Personal Computers must meet the minimum hordwarerequirements for New World products. Microsoft Windows 718 or later is required for all
client machines. Windows 200812022 Server and SOL Server 200812012 are required for the Applicartan and Database Server(s).
New World product requires Microsoft Windows 200812012 Server and SQL Server 200812012 including required Client Access Licenses (C_4Ls) for
applicable Microsoft products. Servers must meet minimum hardware requirements provided by Tyler.
New World product requires Microsoft Excel or Windows Search 4.0 far document searching functionality; Microsoft Word is required on the
application server for reportformatting.
Tyler recommends a 200/1 OOOMB (GB) Ethernet network for the local area network. Wide area network requirements vary based on system
configuration, Tyler will provide further consultation for this environment,
Does not Include any required 3rd party hardware or software unless specified in Section C of this investment Summory. Customer is responsible for
any 3rd party support.
Licensed Software, and third party software embedded therein, if any, will be delivered in a machine readable form to Customer via an agreed upon
network connection. Any taxes or fees imposed are the responsibility of the purchaser and will be remitted when imposed.
Tyler's GIS implementation services ore to assist the Customer in preparing the required GIS data for use with the Licensed New World Saftwore.
Depending upon the Licensed Software the Customer at a minimum will be required to provide an accurate street centerline layer and the
appropriate polygon layers needed for unit Recommendations and Run Cards in an industry standard Esri file format (Personal Geodatabose, File
Geodatabose, Shape Files). Customer is responsible for having clearly defined boundaries for Police Beats, EMS Districts and Fire Quadrants. If
necessary Tyler will assist Customer in crearing the necessary polygon layers (Police Seats, EMS Districts and Fire Quadrants)for Unit
Recommendations and Run Cards. Tyrer is not responsible for the accuracy of or any ongoing maintenance of the GIS data used within the Licensed
New World Software.
Customer is responsible for any ongoing annual maintenance on third -party products, and is advised to contact the third -party vendor to ensure
understanding of and compliance with all maintenance requirements.
All Tyler Customers are required to use EsrPs ArcGIS Suite to maintain GIS data. All maintenance, training and ongoing support ofthis product will
be contracted with and conducted by EsH. Maintenance for Esrls ArcGIS suite of products that are used formaintaining Custom er's GIS data will be
contracted by Customer separately with Esrl.
For StateINCIC, Customer is responsible for obtaining the necessary State approval and any non -Tyler hardware and software. Includes state-
specific standard farms developed by Tyler. Additional forms can he provided far an additionotfee.
Configuration and end user training for Decision Support Software to occur after Customer has been dive for 3 months or longer on an appIleation.
1052-ISAIA 0111 eCAD Upgrade (17AIF 1218) executable.doc Page 10
AW,
Amendment Exhibit 2
Upgrade Services
We shall act as Project Manager to assist ycu in imp ementing t e Ty er o ware. Project Management ervices
include:
a) Developing an Implementation Plan;
c) Providing revised Implementation Plans (if required),i
d) Providing monthly project status reports; and
e) Facilitating project status meetings
* a project review (kickoff) meeting at your location
* progress status meeting(s) during implementation via telephone conference or at
your location; and
* a project close-out meeting at your location to conclude the project.
f) Consultation with other vendors or third parties, if necessary.
Implementation and training support services have been allocate or t is proiect as descri e in t e Investment
Summary. Avoiding or minimizing custom or modified features will aid in keeping the support costs to the amount
allocated. The recommended implementation and training support services include:
a) implementation of the Tyler Software;
b) Training you or assisting with your training on the Tyler Software,' and
c) tailoring of Tyler Software by our technical staff and/or consultation with our technica�
staff.
(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.
. . . . . . . . . . . . . . .
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Our GIS implementation services are to assist you in preparing the required GIS data for use with the Tyler Software. At
a minimum, you will be required to provide an accurate street centerline layer and the appropriate polygon layers
needed for Unit Recommendations and Run Cards in an industry standard ESRI file format (Personal Geodatabase, File
Geodatabase, Shape Files). You are responsible for having clearly defined boundaries for Police Beats, EMS Districts and
Fire Quadrants. If necessary, we will assist you in creating the necessary polygon layers (Police Beats, EMS Districts and
Fire Quadrants) for Unit Recommendations and Run Cards. We are not responsible for the accuracy of or any ongoing
maintenance of the GIS data used within the Tyler Software.
We shall provide Hardware Systems Assurance of your.NET server(s),
2) Hardware Quality Assurance Services (Standard Environment):
Hardware Systems Assurance and Software Installation:
- Assist with High Level System Design/Layout
- Validate Hardware Configuration and System Specifications
- Validate Network Requirements, including Windows Domain
- Physical Installation of our Application Servers
- Install Operating System and Apply Updates
- Install SQL Server and Apply Updates
- Install New World Applications Software and Apply Updates
- Establish Base SQL Database Structure
- Install Anti -Virus Software and Configure Exclusions
- Install Automated Backup Software and Configure Backup Routines
- Configure System for Electronic Customer Support(i.e. NetMeeting)
- Tune System Performance Including Operating System and SQL Resources
- Test High Availability/Disaster Recovery Scenarios (if applicable)
- Provide Basic System Administrator Training and Knowledge Transfer
- Document Installation Process and System Configuration
5MegsAgg Ak�
We shall provide Message Switch Operating System Assurance, which includes:
a) Message Switch Operating System Assurance Services,
Operating System Assurance and Software Installation Services:
- Unpack and assemble hardware
- Verify care hardware functionality (network/video/storage devices/usb)
- Install and update AIX Operating System
- Install and update applicable system manual pages
. Set AIX environment variables
I Build system user -ids and applicable authorizations
- Install and stage message handier and compilers
- Verify and allocate disk space
- Mirror hard drives and boot sequencing
- Migrate all Message Switch data from the old serverto the new server
- Configure devices an the new server (Ethernet cards, print queues, tty's, etc.)
- Verify all scripts are adjusted for new machine
- Migrate all source code from old machine to the new machine
- Compile New World Message Switch programs
- Assure Message Switch operation in the live environment
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- Adjust any tables asneeded during the assurance phase
_t
Setup automatic "crom"jobs
~_
Complete full system and log backups
-,
Perform any necessary administrator training
We will provide you with implementation of licensed DSS software modules, The implementation will include
installation, training, and configuration ofDSS modules. The recommended implementation and training shall include:
a) One or more consultative session(s)'(qnsite) with executive command staff to discuss data needs and
information requirements for decision making. You are responsible for ensuring that appropriate commend
level person neVclecisionmakers are available forthissession.
b) Solution design and review sessions to document and collaboratively analyze tools and dashboards to assist with
data needs and decision making as discussed during the consultative session(s). Your sign off will berequired on
agreed upon requirements ofreporting cubes and dashboards.
c) Installation and configuration ofDSS software.
d) On-site training seyuion(o)to provide an overview of using each DSS licensed module including basic reporting
and dashboard creation and other standard features.
e) Installation of your specific reporting cube(s) and dashboard(s) as agreed upon during solution design and
review. Enhanced package includes upto12reporting ombe(s)urdsshboord(s)'
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V
Amendment Exhibit 2
Schedule 1
V�-)wyi fLk
We will provide conversion assistance to you to help convert the existing data files specified below. If additional fill
are identified after contract execution, estimates will be provided to you prior to us beginning work on those nevi
identified files.
2. No data cleansing, consolidation of records, or editing of data will be part of the data conversion effort. Any
•. cleansing, removal of duplicate records, • editing must take place by you prior to providing the data to
US.
1. We will create and provide you with "a conversion design clocumentfor signoff priorto beginning development
work on the data conversion. No conversion programming by us will commence until you approve this
document.
2. We will provide the data conversion programs to convert your data from a single data source to the Tyler
Software.
3. As provided in the approved project plan for conversions, we will schedule on-site trip(s) to your location
orderto conduct the following: Conversion Go -Live Implementation and Support I
You will be responsible for travel expenses as set forth in the Invoicing and Payment Policy,
2. As provided in the project plan for conversions you will provide a dedicated resource in each application area
to focus on conversion mapping and testing. �his includes cledicatrig a support person(s) whenever our staff
is on site regarding conversions. Roughly a one to one ratio exists for your commitment and our commitment.
You understand that thorough and timely testing of the converted data ♦ your personnel is a key part of a
successful
♦moi- conversion.
3. You agree to promptly review ■ signoff on both the conversion design document, and on the final
conversions after appropriate reviewi
New World MSP CAD / Call for Service to New World Enterprise CAD Calls for Service.
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I i 4
This Support Agreement is made, as of the date set forth below (the "Effective Date") by and between Tyler
Technologies, Inc. with offices at 840 West Long Lake Road, Troy, MI 48098 ("Tyler") and City of Downey on behalf of
the Downey Police Department, with offices at 10911 Brookshire Avenue, Downey, CA 90241 ("Client")
WHEREAS, New World and Client are parties to an original agreement dated April 30, 2002 ("Agreement") and a
subsequent Standard Software Maintenance Agreement dated February 25, 2016 ("SSMA") under which Client
licensed the New World software itemized therein; and
WHEREAS, Tyler and New World merged effective November 16, 2015, with Tyler as the surviving entity; and
WHEREAS, Tyler and Client desire to replace the SSMA with the Maintenance and Support Agreement herein
attached as Exhibit 1;
NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows
1. The New World software Client licensed under the Agreement, and on which Client has paid maintenance
and support fees through the Effective Date, shall mean the "Tyler Software" for purposes of this Support
Amendment,
2. The SSMA dated February 25, 2016 is replaced in its entirety with the Maintenance and Support Agreement
herein attached as Exhibit 1 herein.Tyler shall provide maintenance and support services on the Tyler
Software according to the terms of Exhibit 1 to this Support Amendment.
3. For the term specified in the applicable invoice, Client shall remit to Tyler maintenance fees In the amount
set forth therein. Payment is due within thirty (30) days of the invoice date._
4. This Support Agreement shall be governed by and construed In accordance with the terms and conditions of
the Agreement.
5, All other terms and conditions of the Agreement shall remain in full force and effect,
[SIGNATURE PAGE FOLLOWS]
Tyler Technologies, Inc.
Date
— 11- A
Departmentj CA
ay.�
Name:
Title.,
Date;
ATTEST.
CITY CLERK
0
Exhibit I
Maintenance and Support Agreement
1. Term. We provide maintenance and support services on an annual basis. The initial term commences on
February 1, 2013 and remains in effect for three (3) years. The term will renew automatically for additional one
(1) year terms unless terminated in writing by either party at least ninety (90) days prior to the end of the then -
current term.
2. Wsotenan)ce arv&8�iii rt Fees. Your maintenance and support fees for the initial term for the Tyler Software is
listed below. Your fees for each subsequent term will be at our then -current rates.
2/1/2018 — 1/31/2019
IFF -4
i..:.:
II N IMWINJI-I UpOril
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
weresuspencled.
3. 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 professiona, goo ' an wor man! e manner,
consistent with industry standards, to resolve Defects, as defined in the Agreement, 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;
provide t..hone support during our established support hours, currently Monday through Friday from
8:00 a.m. to 9:00 p.m (Eastern Time Zone).
b) emergency 24-hour per day telephone support, for New World CAD only, seven (7) days per week for
Licensed Standard Software. Normal' service is available from 8:00 a.m. to 9:00 p.m. (Eastern T'ime Zone).
After 8:00 �t. m.
will respond to CAD service calls within 30 minutes of call initiation.
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
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 add itiona|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. gligntaggponsibliltig. We will use all reasonableefhjrts to perform any maintenance and support services
remotely, 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 toperform remote services. VVewill, atour option, use the secure connection toassist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a
support issue remotely, wemay berequired woprovide onsite services. )osuch event, wewill beresponsible 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 areasonable distance from the equipment, and use ofmachines, attachments,
features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at
nacharge tous. We strongly recommend that you also maintain a VPN for backup connectivity purposes.
5. If inthe process of diagnosing a software support issue it isdiscovered that one of
your peripheral systems orothersoftware is the cause of the issue, we will notify you so that you may contact
the support agency forthat peripheral system. We cannot support or maintain third party productsexcept as
expressly set forth in the Agreement.
|horder for us to provide the highest level of software support, you bearthe fo|[owingresponsibility 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, ifany)/and
(c) You will perform daily database backups and verify that those backups are successful.
6. Maintenance and support fees donot 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 eDefect inthe Tyler Software, asset forth mbm/e);(o)application design; (d)other consulting
services; (e) maintenance and support of an operating system or hardware; (f) support outside our established
support hours; or (g) installation, training services, orthird 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. Our current Support Call Process for the Tyler Software (sprovided Schedule Atu
Exhibit 1.
Ell
Exhibit 1
Schedule A
if, after you have cut over t I of the Tyler Software, y
Defective, as "Defect" Is defined in the Agreement, then you will notify us by phone, in writing, by email, or through
the support website. Please reference the applicable Customer Support page at
for information on how to use these various means of contact.
Documented examples of the claimed Defect must accompany each notice4 We will review the documented notice
and when there is a Defect, we shall resolve it at no additional cost to you beyond your then -current mainterianc;
and support fees.
in receiving and responding to Defect notices and other support calls, we will follow the priority categorizations
below. These categories are assigned based on your determination of the severity of the Defect and our reasonabl(:-
2nalysis� If you believe a priority categorization needs to be updated, you may contact us again, via the same
methods outlined above, to request the change.
In each instance of a Priority 1 or 2 Defect, prior to final Defect correction, the support team may oNer you
workaround solutions, including patches, configuration changes, and operational adjustments, or may recommend
that you revert back to the prior version the Tyler Software pending Defect correction.
(a) Priority 1: A Defect that renders the Tyler Software inoperative; or causes the Tyler Software to fail
catastrophically,
correction until the Tyler Software is operational without Priority 1 defect.
The goal for correcting a Priority I Defect is 24 hours or less.
(b) Priority 2: A Defect that substantially degrades the performance of the Tyler Software, but does not
prohibit your use of the Tyler Software.
. EM117fTIM 01
your notice. The product technical specialist will then work to diagnose and correct the Defect We shall
work diligently to make the correction, and shall provide ongoing communication to you concerning the
status of the correction until the Tyler Software is operational without Priority 2 Defect.
The goal for correcting a Priority 2 event is to include a correction in the next Tyler Software release.
We may include a correction in subsequent Tyler Software releases.
5