HomeMy WebLinkAboutAgreement A-20-229 with Tyler Technologies Inc..pdfAgreement No. 20-229
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LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client, County of
Fresno ("Client or County").
WHEREAS, Client's Sheriff's Office is in need of software products and services, to include case
management, accounting, mapping integration, and court integration modules for the Civil Unit;
WHEREAS, Client selected Tyler to license Tyler's software products, including Tyler CivilServe, and desires
Tyler to perform the services set forth in the Investment Summary, and Tyler desires to perform such
actions under the terms of this Agreement; and
WHEREAS, Client desires to license such software and obtain such services pursuant to Section 20 ,
Cooperative Procurement of the license and services agreement entered into between Tyler and the
County of Imperial, dated November 27, 2017 ("Cooperative Agreement").
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in
this Agreement, Tyler and Client agree as follows:
SECTION A -DEFINITIONS
• "Agreement" means this License and Services Agreement.
• "Business Travel Policy" means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
• "Client" means the County of Fresno Sheriff's Office
• "Defect" means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent , based on a
condition within our reasonable control. Future functionality may be updated, modified, or
otherwise enhanced through our maintenance and support services, and the governing functional
descriptions for such future functionality will be set forth in our then-current Documentation .
• "Developer" means a third-party who owns the intellectual property rights to Third-Party
Software .
• "Documentation" means any on line or written documentation related to the use or functionality
of the Tyler Software that we provide or otherwise make available to you, including i nstructions,
user guides, manua ls and other training or self-help documentation .
• "Effective Date" means the last signature date set forth in the signature block.
• "Force Majeure" means an event beyond the reasonable control of you or us, including, without
limitation, unforeseeable governmental action, war, riot or civil commotion, fire, natural disaster,
or any other cause that could not with reasonable diligence be foreseen or prevented by you or us.
• "Investment Summary" means the agreed-upon cost proposal and scope of services for the
software, products, and services attached as Exhibit A.
• "Invoicing and Payment Policy" means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B. . ·•:). tyler
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and
year first hereinabove written .
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(A~
Sherry Clark , Senior Corporate Attorney
Print Name & Title
5101 Tennyson Pkwy .
Plano , TX 75024
Mailing Address
G/} j d--o)..d
COUNTY OF FRESNO
£~1 ~~ Ernest Buddy Me n<l:Chairman of the
14
Board of Supervisors of the County of
Fresno
ATTEST:
Bernice E. Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California