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HomeMy WebLinkAboutAgreement A-18-005-1 with Tyler Technologies, Inc..pdf1 FIRST AMENDMENT TO AGREEMENT 2 THIS FIRST AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 3 __ day of April, 2019 ("Effective Date"), by and between COUNTY OF FRESNO, a Political 4 Subdivision of the State of California, Fresno, California ("Client"), and Tyler Technologies., a 5 Delaware Corporation, with offices at 5519 53rd Street, Lubbock, TX 79414 {"Tyler"). 6 7 WITNESS ETH: 8 WHEREAS, Client and Tyler entered into Agreement number 18-005, dated January 9, 2018 9 ("Agreement"), pursuant to which Client acquired licenses to the Tyler Software described therein and 10 Tyler agreed to provide professional services, including data conversion and implementation related 11 services, as well as maintenance and support services for the Tyler Software; and 12 WHEREAS, Client and Tyler now desire to amend the Agreement in order to add additional 13 professional services to the Agreement pursuant to Section C(3), add additional public user licenses, 14 and accordingly increase the maximum compensation amount that may be paid to Tyler. 15 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which 16 is hereby acknowledged, Client and Tyler agree as follows: 17 1.Section C(3) of the Agreement, "Additional Services" located on page 5 is amended to 18 include the following paragraph: 19 "Change orders may be approved by the Assessor-Recorder or his/her designee with the 20 written approval of the Director of Internal Services/CIC or his/her designee provided they 21 remain within the compensation limits described in Section E(1 )-Compensation." 22 2.Section E(1) of the Agreement, "Compensation" located on page 7 is deleted in its 23 entirety and replaced with the following: 24 "Compensation. In no event shall the services performed by Tyler under this Agreement 25 exceed $2,059,680 during the term of this Agreement, including the initial term and the renewal term 26 described in Section F( 1 ). Except for the travel expenses provided for in the Investment Summary and 27 other expenses as described in Section C(8) above, which shall not exceed the "NTE Travel Expense" 28 amount stated in the Investment Summary, it is understood that all expenses incidental to Tyler's -1 - 23rd Agreement No. 18-005-1 1 EXECUTED AND EFFECTIVE as of the date first above set forth. 2 3 TYLER TECHNOLOGIES, INC. 4 li---r-=-~l""""{?--<-/1...,-=i9_,.;.....;. i__,JiC-.--1------ Abigail Diaz, Chief L gal Officer 5 6 One Tyler Drive 7 Yarmouth ME 04096 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY: ORG No.: 1048 Fund/Subclass: 0035/10000 Account No.: 7295 Nathan Magsig, Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California