HomeMy WebLinkAbout334-21 RESOLUTION113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Resolution: 334-21
File Number: 2021-0948
TYLER TECHNOLOGIES, INC.:
A RESOLUTION TO AUTHORIZE A FIVE YEAR RENEWAL OF THE CONTRACT WITH
TYLER TECHNOLOGIES, INC. FOR ANNUAL MAINTENANCE OF THE NEW WORLD
ENTERPRISE RESOURCE PLANNING SOFTWARE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a five year
renewal of the Support Amendment with Tyler Technologies, Inc., for annual maintenance related to
Tyler's New World Enterprise Resource Planning Software.
PASSED and APPROVED on 12/21/2021
Attest:
• C� • <J,.
Kara Paxton, City Clerk TreasurCs-P' -Y
Page 1 Printed on 12122121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0948
Agenda Date: 12/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq
Agenda Number: A.25
TYLER TECHNOLOGIES, INC.:
File Type: Resolution
A RESOLUTION TO AUTHORIZE A FIVE YEAR RENEWAL OF THE CONTRACT WITH TYLER
TECHNOLOGIES, INC, FOR ANNUAL MAINTENANCE OF THE NEW WORLD ENTERPRISE
RESOURCE PLANNING SOFTWARE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a five year renewal of
the Support Amendment with Tyler Technologies, Inc., for annual maintenance related to Tyler's New World
Enterprise Resource Planning Software.
City of Fayetteville, Arkansas Page 1 Printed on 1212212021
Keith Macedo
Submitted By
City of Fayetteville Staff Review Form
2021-0948
Legistar File ID
12/21/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/2/2021 INFORMATION TECHNOLOGY (170)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approving the attached Tyler Technologies Inc. support amendment for annual maintenance
related to Tyler's New World ERP software.
Budget Impact:
1010-170-1710-5416.00
Account Number
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Does item have a cost? Yes
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
General Fund
Fund
Project Title
$ 422,750.00
$ 422,750.00
$ 137,659.53
S 285,090.47
V20210527
Previous Ordinance or Resolution # 145-15
Approval Date:
—� CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 21, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
FROM: Keith Macedo, Information Technology Director
CITY COUNCIL MEMO
DATE: December 2, 2021
SUBJECT: Staff recommends approving the attached Tyler Technologies Inc. support
amendment for annual maintenance related to Tyler's New World ERP
software.
RECOMMENDATION:
Staff recommends approving the attached Tyler Technologies Inc. support amendment for
annual maintenance related to Tyler's New World ERP software.
BACKGROUND:
The city initially purchased New World ERP software in 1991 to provide core financial
software which included general ledger, accounts payable, accounts receivable, human
resources, payroll, inventory, budgeting, fixed assets and utility billing. In 2015 the city awarded
RFP 14-11, and a five (5) year standard software maintenance agreement, with New World, to
upgrade New World ERP to the latest version and provide implementation services. Tyler
Technologies Inc. purchased New World in November of 2015 and now provides support for all
New World products.
DISCUSSION:
The 2015 award of RFP 14-11, and the associated New World ERP software agreement,
included a five (5) year software maintenance agreement with the option to purchase an
additional 5 years of software maintenance at the same rate. The attached amendment adds an
additional 5 years of maintenance, to the existing ERP agreement, under the same terms. The
current annual software maintenance escalation is 5% per year increase, but the city negotiated
this to a 2.25% annual increase. The 2020 New World ERP annual maintenance was
$143,575.31 with the 2021 maintenance estimated to be $137,659.53.
BUDGET/STAFF IMPACT:
Staff recommends approving the Tyler Technologies Inc. support amendment with 2.25%
annual escalation. The decrease is due to the removal of several modules from the original
agreement. Annual software maintenance for New World ERP is funded within the General
Fund Information Technology division operating budget.
Attachments:
Staff Review Form, Staff Review memo, Tyler Support Amendment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
THIS IS NOT AN INVOICE
12/1/2021
City of Fayetteville
113 W Mountain St
Fayetteville AR 72701-6069
To Whom It May Concern:
Please allow this letter to confirm that your renewal rates are as followed. Additional billing
obligations may be included in separate Proforma(s).
•tyler
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Cust# 49937
DESCRIPTION
CYCLE DATE
AMOUNT
New World Maintenance -Asset Management .NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Bank Reconciliation .NET
01/01/2022-12/31/2022
$ 1,285.20
New World Maintenance - Benefits Administration .NET
01/01/2022-12/31/2022
$ 1,836.45
New World Maintenance - CD Standard Users
01/01/2022-12/31/2022
$ -
New World Maintenance - COBRA Billing Administration .NET
01/01/2022-12/31/2022
$ 1,836.45
New World Maintenance - Contract Accounting .NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Dashboards for Financial Mgt .NET
01/01/2022-12/31/2022
$ 2,754.15
New World Maintenance - Dashboards for HR .NET
01/01/2022-12/31/2022
$ 2,754.15
New World Maintenance - Dashboards for Utility Management .NET
01/01/2022-12/31/2022
$ 2,754.15
New World Maintenance - Decision Support Base Datamart
01/01/2022-12/31/2022
$ 3,856.65
New World Maintenance - eBenefits Administration
01/01/2022-12/31/2022
$ 2,754.15
New World Maintenance - eEmployee
01/01/2022-12/31/2022
$ 5,509.35
New World Maintenance - eMisc Billing
01/01/2022-12/31/2022
$ 2,802.45
New World Maintenance - Employee Event Tracking .Net
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - ePayments
01/01/2022-12/31/2022
$ 1,836.45
New World Maintenance - eSuite Base
01/01/2022-12/31/2022
$ 3,856.65
New World Maintenance - eSupplier
01/01/2022-12/31/2022
$ 1,836.45
New World Maintenance - eUtilities
01/01/2022-12/31/2022
$ 1,836.45
New World Maintenance - Finance Analytics .NET
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - Financial Management Base Suite .NET
01/01/2022-12/31/2022
$ 12,855.15
New World Maintenance - GIS Integration - Utility Billing
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - Grant Management .NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - HR/Payroll Analytics .NET
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - Human Resources Mgt. Base Suite .NET
01/01/2022-12/31/2022
$ 9,549.75
Remittance
Tyler Technologies, Inc. (FEIN 75-2303920)
PO Box 203556
Dallas, TX 75320-3556
One Tyler Drive
Yarmouth, ME 04096
P: 800.772.2260
F: 207.781.2459
,~.tylertech.com
Questions
Tyler Technologies — ERP Schools
Phone: 1-800-772-2260 Press 2, then 1
Email: ar@tylertech.com
DESCRIPTION
CYCLE DATE
AMOUNT
New World Maintenance - Inventory Management .NET
01/01/2022-12/31/2022
$ 3,856.65
New World Maintenance - IVR Interface for Acct Balance and Payment.NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Leave Management.NET
01/01/2022-12/31/2022
$ 2,754.15
New World Maintenance - Meter and Device Inventory .NET
01/01/2022-12/31/2022
$ 2,020.20
New World Maintenance - Misc. Billing & Receivables .NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Parcel Management .NET
01/01/2022-12/31/2022
$ 1,836.45
New World Maintenance - PC Cash Register Interface .NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Personnel Action Processing .NET
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - Position Budgeting .NET
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - Project Accounting .NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Project Planning
01/01/2022-12/31/2022
$ 3,305.40
New World Maintenance - Purchasing Base .NET
01/01/2022-12/31/2022
$ 3,856.65
New World Maintenance - Requisition Processing .NET
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Service Order Processing .NET
01/01/2022-12/31/2022
$ 4,040.40
New World Maintenance - Site License
01/01/2022-12/31/2022
$ -
New World Maintenance - Third Party Applicant Interface
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Third Party Document Imaging Interface
01/01/2022-12/31/2022
$ 1,652.70
New World Maintenance - Time & Attendance Interface .NET
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - Utility Management Analytics .NET
01/01/2022-12/31/2022
$ 2,203.95
New World Maintenance - Water / Sewer / Refuse Base .NET
01/01/2022-12/31/2022
$ 7,344.75
New World Maintenance - Work Orders .NET
01/01/2022-12/31/2022
$ 3,856.65
New World Maintenance - Workers Compensation Administration .NET
01/01/2022-12/31/2022
$ 2,754.15
New World Mainteannce - GASB/CAFR Reporting
01/01/2022-12/31/2022
$ 3,872.73
New World Mainteannce - Tyler Cashiering
01/01/2022-12/31/2022
$ 4,088.70
*Applicable taxes not included
Remittance
Tyler Technologies, Inc. (FEIN 75-2303920)
PO Box 203556
Dallas, TX 75320-3556
Total: $ 137,659.53
Questions
Tyler Technologies — ERP Schools
Phone: 1-800-772-2260 Press 2, then 1
Email: ar@tylertech.com
•
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• technologies
Support Amendment
This Support Amendment is made, as of the date of signature of the last party to sign as 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 the client identified below ("Client").
WHEREAS, New World and Client are parties to an original agreement, dated 7/8/1991 ("Agreement") 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 update the applicable maintenance and support services terms;
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. 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 Amendment 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.
IN WITNESS WHEREOF, the parties hereto have executed this Support Amendment as of the dates set forth
below.
Tyler Technologies, Inc.
By: (�l4= ,�d//�i
IV
Name: Jisel Lopez
Title: Senior Corporate Attorney
Date: 12/1 /2021
Client: C. of F e e ille A
By
Name: Li n Jordan
Title: Mayor
/
Date: / 2-- 2I --2—I
Exhibit 1
•
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tyler
• technologies
Exhibit 1
Maintenance and Support Agreement
Tyler ("we") will provide Client ("you") with the following maintenance and support services for the
Tyler Software. Capitalized terms not otherwise defined will have the meaning assigned to such terms
in the Support Amendment.
1. Term. We provide maintenance and support services on an annual basis. The initial term
commences on 1/1/2022 and remains in effect for one (1) year. 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. Maintenance and Support Fees. Your maintenance and support fees for the initial term for the Tyler
Software will be listed in the applicable invoice. Following the initial term, fees for renewal years 2-
5 (2023, 2024, 2025, and 2026) will be subject to a 2.25% per year increase. Beginning with the
January 1, 2027 annual term, your fees for each subsequent term will be at our then -current rates.
We reserve the right to suspend maintenance and support services if you fail to pay undisputed
maintenance and 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 were suspended.
3. Maintenance and Support Services. 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 professional, good, and workmanlike
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;
3.2 provide telephone support during our established support hours, currently Monday through
Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone)
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;
3.4 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 additional 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
Exhibit 1
our then -current release life cycle policy.
4. Client Responsibilities. We will use all reasonable efforts 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 performing remote services. We will, at our
option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we
cannot resolve a support issue remotely, we may be required to provide onsite services. In such
event, we will be responsible 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 a reasonable distance from the equipment, and
use of machines, attachments, features, or other equipment reasonably necessary for us to provide
the maintenance and support services, all at no charge to us. We strongly recommend that you also
maintain a VPN for backup connectivity purposes.
5. Hardware and Other Systems. If in the process of diagnosing a software support issue it is
discovered that one of your peripheral systems or other software is the cause of the issue, we will
notify you so that you may contact the support agency for that peripheral system. We cannot
support or maintain third party products except as expressly set forth in the Agreement.
In order for us to provide the highest level of software support, you bear the following responsibility
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, if any); and
(c) You will perform daily database backups and verify that those backups are successful.
6. Other Excluded Services. Maintenance and support fees do not 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 a Defect in the Tyler Software, as set forth above); (c)
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, or third 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. Current Support Call Process. Our current Support Call Process for the Tyler Software is provided
Schedule A to Exhibit 1.
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Exhibit 1
Schedule A
Support Call Process
Support Channels
Exhibit 1
Schedule A
Tyler Technologies, Inc. provides the following channels of software support:
(1) Tyler Community— an on-line resource, Tyler Community provides a venue for all Tyler clients
with current maintenance agreements to collaborate with one another, share best practices and
resources, and access documentation.
(2) On-line submission (portal) — for less urgent and functionality -based questions, users may create
unlimited support incidents through the customer relationship management portal available at
the Tyler Technologies website.
(3) Email — for less urgent situations, users may submit unlimited emails directly to the software
support group.
(4) Telephone — for urgent or complex questions, users receive toll -free, unlimited telephone
software support.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website — www.tylertech.com — for accessing client tools and other information including
support contact information.
(2) Tyler Community— available through login, Tyler Community provides a venue for clients to
support one another and share best practices and resources.
(3) Knowledgebase — A fully searchable depository of thousands of documents related to
procedures, best practices, release information, and job aides.
(4) Program Updates — where development activity is made available for client consumption
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday —
Friday) across four U5 time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage
across these time zones. Tyler's holiday schedule is outlined below. There will be no support coverage
on these days.
New Year's Day
Thanksgiving Day
Memorial Day
Day after Thanksgiving
Independence Day
Christmas Day
Labor Day
Exhibit 1
Schedule A
Issue Handling
Incident Tracking
Every support incident is logged into Tyler's Customer Relationship Management System and given a
unique incident number. This system tracks the history of each incident. The incident tracking number is
used to track and reference open issues when clients contact support. Clients may track incidents, using
the incident number, through the portal at Tyler's website or by calling software support directly.
Incident Priority
Each incident is assigned a priority number, which corresponds to the client's needs and deadlines. The
client is responsible for reasonably setting the priority of the incident per the chart below. This chart is
not intended to address every type of support incident, and certain "characteristics" may or may not
apply depending on whether the Tyler software has been deployed on customer infrastructure or the
Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the
importance of the issue and to describe generally expected responses and resolutions.
Priority
Level
Characteristics of Support Incident
Resolution Targets
Support incident that causes (a)
Tyler shall provide an initial response to Priority
complete application failure or
Level 1 incidents within one (1) business hour of
application unavailability; (b)
receipt of the support incident. Tyler shall use
1
application failure or unavailability in
commercially reasonable efforts to resolve such
Critical
one or more of the client's remote
support incidents or provide a circumvention
location; or (c) systemic loss of
procedure within one (1) business day. For non -
multiple essential system functions.
hosted customers, Tyler's responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
Support incident that causes (a)
Tyler shall provide an initial response to Priority
repeated, consistent failure of
Level 2 incidents within four (4) business hours of
essential functionality affecting more
receipt of the support incident. Tyler shall use
2
than one user or (b) loss or
commercially reasonable efforts to resolve such
High
corruption of data.
support incidents or provide a circumvention
procedure within ten (10) business days. For non -
hosted customers, Tyler's responsibility for loss or
corrupted data is limited to assisting the client in
restoring its last available database.
Exhibit 1
Schedule A
Priority
Level
Characteristics of Support Incident
Resolution Targets
Priority Level 1 incident with an
Tyler shall provide an initial response to Priority
existing circumvention procedure, or
Level 3 incidents within one (1) business day of
a Priority Level 2 incident that affects
receipt of the support incident. Tyler shall use
only one user or for which there is an
commercially reasonable efforts to resolve such
3
existing circumvention procedure.
support incidents without the need for a
Medium
circumvention procedure with the next published
maintenance update or service pack. For non -
hosted customers, Tyler's responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
Support incident that causes failure
Tyler shall provide an initial response to Priority
4
of non -essential functionality or a
Level 4 incidents within two (2) business days. Tyler
Non-
cosmetic or other issue that does not
shall use commercially reasonable efforts to resolve
critical
qualify as any other Priority Level.
such support incidents, as well as cosmetic issues,
with a future version release.
Incident Escalation
Tyler Technology's software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on
escalated issues
(3) Level 3: assist in incident escalations and specialized client issues
(4) Level 4: responsible for the management of support teams for either a single product or a
product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software
Support Manager. After receiving the incident tracking number, the manager will follow up on the open
issue and determine the necessary action to meet the client's needs.
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler
encourages clients to communicate the level of urgency or priority of software support issues so that we
can respond appropriately. A software support incident can be escalated by any of the following
methods:
(1) Telephone — for immediate response, call toll -free to either escalate an incident's priority or to
escalate an issue through management channels as described above.
(2) Email — clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal — clients can also escalate the priority of an issue by logging into
the client incident portal and referencing the appropriate incident tracking number.
Remote Support Tool
Some support calls require further analysis of the client's database, process or setup to diagnose a
problem or to assist with a question. Tyler will, at its discretion, use an industry -standard remote
support tool. Support is able to quickly connect to the client's desktop and view the site's setup,
diagnose problems, or assist with screen navigation. More information about the remote support tool
Tyler uses is available upon request.